KALWA MANOHAR Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal by accused 1 and 2 in S.T.C.No. 4 of 1990 against the judgment passed on 19-11-1992 by the III Additional Metropolitan Sessions Judge-cum-Special Judge for trial of cases under Essential Commodities Act, Hyderabad, convicting and sentencing each of them to undergo six months rigorous imprisonment and to pay a fine of Rs. 1,000/- for violation of Clause 12 (1) (iii), 25 and 28 of the Andhra Pradesh Petroleum Products (Licensing and Regulation of supplies) Order, 1980 (for short 'the order).

(2.) Necessary facts for disposal of this appeal briefly stated are these: A-l was the proprietor of Sri Raghavendra Filling Station,. Amangal, and A-2 is the salesman working under A-l in the said filling station. On 26-8-1989 P.W.3 - Inspector of Police, Vigilance Cell, C.S.D., Mahabubnagar, along with P.Ws. 1 and 2 mediators, visited the filling station of A-l and verified the licence issued under the Order and registers maintained at the filling station. He collected the samples of High Speed Diesel (HSD) in the presence of mediators under Ex.P-1 , panchnama, and sent them to analyst along with Ex.P-3, letter of advice, which were received by the analyst on 4th October, 1989. P.W.4, analyst, issued Exs.P-5 and P-6 reports opining that the product was OFF SPECIFICATION in respect of distillation test. After obtaining Ex.P- 4 sanction from the Collector, Mahabubnagar, the accused were prosecuted.

(3.) The plea of accused was one of denial. The trial Court after considering the evidence on record, convicted and sentenced A-l and A-2 as detailed above. A-l and A-2 have filed this appeal challenging their conviction and sentence.