RAKESH KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant u/s 374 (2) of Cr.P.C being aggrieved by the judgment dated 12/10/98 passed by Special Judge, Seoni in special case no. 21/96 whereby being convicted u/s 3 (2 -h) (1) read with section 7 (1 -a) (1) of Essential Commodities Act, he has been sentenced to undergo RI for 3 months and fine of Rs. 1000/ - in default to suffer further S.I for 2 months.

(2.) THE facts giving rise to this appeal, in short, are that on 21/01/96 R.K. Sharma (PW -6) SHO, police station Seoni has inspected the vehicle of appellant Rakesh Kumar and found that he was involved in transporting the gas cylinders from Seoni Gas Agency to Lakhnadon. At the time of inspection he found 36 filled gas cylinders and

(3.) LEARNED counsel for the appellant submits that trial Court committed the illegality in not appreciating the evidence in its proper perspective. It is further submitted that the transportation of the gas cylinders to the consumers from Distributor to the place of consumers is not amount to breach of any Rule of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 1993. Under such circumstances, he prays for setting aside the conviction and sentence recorded by trial Court.