TULSIRAM LAXMAN TARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal the appellant has impugned the judgment and order dated 25.10.1990 passed by the Special Judge, (Essential Commodities Act), Thane, in Special Case No. 83 of 1980, convicting and sentencing him to undergo R.I. for 1 month and to pay a fine of Rs.500/-, in default to suffer R.I. for a period of 2 weeks for an offence under section 7 of the Essential Commodities Act.

(2.) AT the very outset I may observe that there was no rationale for impleading original accused No. 2, Dwarkabai d/o. Ganpat Mali as respondent no.2. However, in the memo of appeal I find that there is a note by learned counsel for the appellant that the respondent no.2 is a formal party. But even that was not necessary.

(3.) THE FIR was lodged by Nasirkhan Pathan, P.W. 1, and thereafter the case was investigated in the usual manner. The appellant and Dwarkabai were put up for trial for violating clause (8) of the Bombay Rationing Area Scheduled Commodities (Regulation of Distribution) Order 1986, punishable under section 7 of the Essential Commodities Act. They pleaded not guilty to the said charge. Their defence was that the kerosene in question was lying on the road and the accusation has been falsely fastened on them. The trial court rejected their defence and convicted both of them. Hence this appeal.