DANIEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Revision Application arises from order dated 29th August, 1998, passed in Special Criminal Case No. 1/94 by the District and Sessions Judge, Panaji. By the impugned Order, the learned Sessions Judge while rejecting the application of the petitioner has been pleased to frame the charge against the petitioner under section 3 r/w section 7 of the Essential Commodities Act, 1955 for the alleged violation of the Notification dated 13th November, 1990 issued under the Kerosene (Fixation of Ceiling Prices ) Order, 1970.

(2.) THE facts in brief relevant for the decision are that the petitioner along with respondent No. 2 were served with the copy of the charge-sheet in Criminal Case No. 1/94 with the allegation that on 4th February, 1991 at about 19. 30 hours at Zuarinagar, the petitioner and respondent No. 2 were selling Kerosene Oil to the public at Rs. 4/- per litre which is in excess of Rs. 2. 69 and hence, the petitioner and respondent No. 2 had committed the offence punishable under Clause 4 (i) of Goa, Daman and Diu Kerosene Oil (Export and Price) Control Order, 1975, issued under section 3 of the Essential Commodities Act, 1955. Along with the charge-sheet, the petitioner was served with the copies of complaint dated 5th February, 1991 and the statements of the various persons recorded by the Police which included the statements of one Shri Magttum Saka, Shri Laximan Durgappa Naik and Shri Shivprasad Kumar Bhat.

(3.) CLAUSE 4 (i) of Goa, Daman and Diu Kerosene Oil (Export and Price) Control Order, 1975 provided for restriction on sale of Kerosene oil and the same reads thus :-