ASHIM BAL Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 14 -05 -2010 passed by the learned Additional Sessions Judge, Belonia, South Tripura in Criminal Appeal No. 09 of 2010 whereby he dismissed the appeal filed by the present petitioner and upheld the judgment dated 25 -03 -2010 passed by the learned Sub -Divisional Judicial Magistrate, Belonia, South Tripura in G.R. 397 of 2007 convicting the accused of having committed an offence punishable under section 7(a)(i) of the Essential Commodities Act, 1955 and sentenced him to suffer simple imprisonment for 1 (one) month and also to pay fine of Rs. 5,000/ - (rupees five thousand) and in default of payment of fine to undergo further imprisonment for one month.

(2.) THE undisputed facts are that on 30 -09 -2007 at about 1 -30 p.m., PW -1 Ranjit Kr. Das accompanied by the Sub -Divisional Magistrate and Addl. Sub -Divisional Magistrate of Belonia stopped one jeep bearing No. TR -03 -2785 which was proceeding towards Hrishyamukh from Belonia side. In this 19 filled Liquefied Petroleum Gas cylinders (LPG cylinders) were being carried by the accused Ashim Bal. The accused failed to produce any license or other document or authority of any authorised person permitting him to carry such gas. The accused was also found in possession of 19 consumer books issued in the name of 19 separate consumers from "Santi Gas Agency". However, there was no record or entry of those cylinders being issued in favour of the petitioner either in "Santi Gas Agency" or in the consumer books found in the custody of the accused. The accused was, therefore, charged to be in unauthorized possession of the LPG cylinders. He has been convicted as aforesaid and hence, this petition.

(3.) BEFORE considering the submissions, it would be pertinent to mention that the Central Government has notified an order known as the Liquefied Petroleum Gas (Regulation of supply and Distribution) Order, 2000 (hereinafter referred to as the order). This order came into force in the State of Tripura on 12 -07 -2000.