JAYENDRA SADARMAL TALEREJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted vide judgment passed by the Special Judge, Kolhapur by judgment dated 4th November 1997 for the offence punishable under section 7 read with 3 of the Essential Commodities Act for violating sub-clause (3) of clause 6 of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 1988, and he is sentenced to suffer R.I. for 3 months, and to pay a fine of Rs.500/- in default to suffer further R.I. for one 1 month. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows :-

(3.) The case was registered as a special case. PW1 - Enayat Shaikh who has acted as a panch for search of Geeta General Stores has turned hostile at the time of trial. Similarly, PW2 - Mansing Patil has turned hostile and has also denied the presence of the appellant in the shop at the relevant time. PW3 - Appasaheb Bhogam who had signed the panchanama at Exh.16 has also resiled from his earlier statement and has denied seizure of 6 regulators in the said shop.