RAMSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has preferred this appeal aggrieved by the judgment of conviction and sentence dated 7.9.1995 passed by Special Sessions Judge, Dewas in Special Sessions Trial No. 1/93, whereby held the appellant-accused guilty for the offence under section 3 read with 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the "EC Act") and sentenced him to one year RI.

(2.) BRIEFLY stated the facts of the case are that in the intervening night of 22 and 23 of February, 1992, the Police Sub-Inspector Kalpna Sharma and Asstt. Sub-Inspector P.N. Kaushal posted at police station Newri received a secret information that near village Arlavada, the appellant- accused was carrying kerosene oil illegally in the matador. On this information, the police party reached on the spot. The said matador was being driven by the appellant-accused. On checking, three drums kept in the matador were found containing kerosene oil in it and total quantity is found to be 600 litre. The police officers concerned had seized the aforesaid kerosene oil with container and matador as per the seizure memo. The appellant-accused was not having any valid licence or permit for transportation or possession of the aforesaid kerosene oil. The police officers concerned returned back to the police station, registered a case for violation of the Kerosene Control Order, 1979 punishable under section

(3.) HAVING heard learned counsel for the appellant as well as Dy. Government Advocate for the State and perused the record.