SHAIKH SAJAN JIVANBHAI SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant impugned in this appeal, the judgment and order passed by the Special Judge (Essential Commodities Act), Thane dated 28th April, 1988. In the impugned Judgment, the appellant was found to be guilty under Section 5 and Section 23(1)(a) of the Petroleum Act and sentenced to simple imprisonment for one month and fine of Rs. 1,000/ - and in default to suffer further S.I. for two months. He was also found to be guilty under Section 7(1)(a)(ii) under the Essential Commodities Act and sentenced to suffer R.I. for one year and to pay fine of Rs. 1,000/ - and in default to further R.I. for three months. The substantive sentence are directed to run concurrently.

(2.) ACCORDING to the prosecution, the appellant is the driver of tanker lorry No. MWN 1437 which belongs to M/s. R.G. Chandak and Company who are the authorised wholesale dealer in Kerosene. The appellant was employed by them.

(3.) AFTER following due procedure, the statements of the witnesses were recorded and charge sheet was filled before the Court. After the trial, the appellant were convicted and sentenced in the manner mentioned above.