RAMNARESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 15.1.1996 passed by learned Special Judge, Satna in Special Case No.52/1995 convicting them under Section 3(2)(d) read with section 7(1)(a)(i) of Essential Commodities Act and sentencing them to rigorous imprisonment for 3 months with fine of Rs.1000/- on each count, respectively. In default of payment of fine further rigorous imprisonment for 3 months.

(2.) In short, the prosecution case is that station officer of police station Kothi, Satna, on the information received from an informer, checked the Dhaba in control and possession of appellants situated at Chitrakoot road. On inspection before witnesses namely Raji (PW-1) and Santram (PW-2), he found appellants in possession of 75 litres of kerosene in a drum and 80 litres of diesel in jerry can. This kerosene and diesel was stored by the appellants for the purpose of sale. Since storage and sale of kerosene was prohibited under the provision of M.P. Kerosene Dealers Licensing Order, 1979, the stock of kerosene and diesel was seized. Appellants were arrested. First Information Report Ex.P/6 was recorded and the appellants were put up for trial before the learned Special Judge.

(3.) Trial Court framed the charge under section 3/7 of the Essential Commodities Act for contravention of clause 3 of M.P.Kerosene Dealers Licensing Order. Appellants pleaded false implication. No specific defence was put nor any defence evidence was tendered by them before the trial Court.