MASUD BAIG Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment and order dated 3.1.1989 passed by the Special Judge, Koraput, Jeypore convicting the appellant under Section 7(1) of the Essential Commodities Act, 1955 (for short 'the Act") and sentencing him to undergo rigorous imprisonment for three months and to pay fine of Rs. 1,000/- in default to suffer simple imprisonment for three months in T.R. Case No. 19 of 1987.

(2.) The prosecution case in brief is that on 29.10.1986 the appellant was travelling in a truck bearing registration number OSK 691 to Maidalpur Weekly Shandy. Other persons were also travelling with him. The Marketing Inspector checked the truck on the main road of Papadahandi Town and found that on Voona Ravanya was having 200 litres of kerosene in his possession and it is found that the appellant was carrying 110 litres of kerosene in a barrel. But he had no explanation to the valid possession of kerosene and as such, F.I.R. was lodged and he was challaned and thereafter he was prosecuted along with the accused Voona Ravanya. Accused Ravanya denied that he was having a certificate to be a retail dealer and the stock of 200 litres of kerosene was issued to him by the Sub-wholesale Dealer on the basis of the order issued by the Inspector but the appellant could not explain about the valid possession of 110 litres of kerosene.

(3.) Charge-sheet was filed against both the above persons including the appellant.