STATE OF MADHYA PRADESH Vs. CHHOTELAL NAMDEO

JUDGEMENT

(1.) THIS criminal appeal under Section 378 (3) of the code of Criminal Procedure has been preferred by the State of Madhya Pradesh being aggrieved by the impugned judgment dated 2/6/1998 passed by the Special Sessions judge, Panna in Special Sessions Trial No. 37/95-96, whereby the respondent has been acquitted from the charge under section 3 read with Section 7 of the Essential Commodities act, 1955 (hereinafter referred to as the "act, 1955")

(2.) THE prosecution case in short is that on 13/5/1995 d. S. Raghuvanshi, Town Inspector of Police Station Pawai district Panna received information that Chhotelal is selling petrol and diesel at higher rates without any licence. This information was recorded in Rojnamcha-Sanha. He proceeded on spot along with staff and conducted search. Search panchanama (Ex. P-2) was prepared. Petrol, diesel and mobile oil seized from his possession. Seizure memo (Ex. P-3) was prepared. FIR was recorded whereby Crime No. 56/1995 was registered against the respondent under Sections 3/7 of the act, 1955. Spot map was prepared. Statements of witnesses were recorded. The sample was sent to the Director, Indian oil Corporation Ltd. , Bhopal from where report received. After completing the usual investigation, a charge sheet was filed in the Court of Special Judge, Panna.

(3.) RESPONDENT was charged under Sections 3/7 of the act, 1955. He denied the guilt and claimed to be tried, mainly contending that he has been falsely implicated. The prosecution examined as many as six witnesses and the respondent did not examine any witness. After appreciating the evidence, the trial Court acquitted him from the charge levelled against him. Being aggrieved by the impugned judgment, the instant appeal has been preferred by the State of Madhya Pradesh after taking leave from this Court on the grounds mentioned in the memo of appeal.