BIHARILAL GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal against the judgment dated 20.8.1998 passed by the Special Judge under Essential Commodities Act and Sessions Judge, Satna in Special case No. 1/1997, whereby the appellant has been convicted of offence under Section 3/7 of Essential Commodities Act (in short "EC Act") and sentenced to 6 months Rigorous Imprisonment with fine of Rs. 10,000/ -.

(2.) THE prosecution's case, in short, is that, Food Inspector Shri Vipin Kumar Patel (P.W. 3) alongwith Assistant Food officer Shri N.K. Chaturvedi went to the shop of the appellant on 19.2.1997 at village Sajjanpur (Police Station Rampur Baghelan, District Satna). Thereafter, in 4 -5 drums 450 liters of blue kerosene was recovered from the appellant in presence of the witnesses. The appellant had no licence to sell such prohibited article according to M.P. Kerosene Licensing Order, 1979. Hence, seized kerosene oil was given to the Manager of Sewa Sahakari Samiti, Sajjanpur and thereafter, it was sold by the Collector. An FIR was lodged and after due investigation, a charge -sheet was filed before the Special Court.

(3.) SPECIAL Judge after considering the evidence adduced by the parties, convicted and sentenced the appellant as mentioned above.