MOHD SHAMIM Vs. STATE OF M P

JUDGEMENT

(1.) THE judgment dated 5-8-1994 passed by the Special Court [constituted under Section 12-A of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act')], at Bhopal is the subject-matter of challenge in this appeal. Accordingly, each one of the appellants and the co-accused namely kamal Kumar Malviya and Mohd. Sharif (both since expired), was convicted, under Section 3 read with Section 8 of the Act, and sentenced to undergo R. I. for 6 months and to pay a fine of Rs. 200/- and, in default, to suffer S. I. for 1 month. They were found guilty of making an attempt to commit adulteration in respect of High Speed Diesel (for brevity 'the HSD'), which is a malpractice within the meaning of Rule 2 (e) of the Motor Spirit and High Speed Diesel (Prevention of mal-practices in Supply and Distribution) Order, 1990 (for short 'the Order 1990' ). By this judgment only, Mohd. Sharif and appellant Mohd. Shamim were acquitted of the offence punishable under Section 3 read with Section 7 of the act for contravention of Clause 3 of the M. P. Kerosene Dealers Licensing order, 1979 (for short 'order 1979') and a finding of not guilty was also recorded in favour of Mohd. Sharif for the offence under Section 407 of the IPC. Admittedly, no appeal against the order of acquittal has been preferred by the state.

(2.) PROSECUTION story, in short, may be narrated as under:-

(3.) ON being charged with the respective offences, the appellants abjured the guilt and pleaded false implication.