TAPAN BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 31.10.1998, passed, in Special Case No. 1211995, by the learned Sessions Judge, Kamrup, Guwahati, the accused-appellant stands convicted under Section 7 of the Essential Commodities Act, 1955 (in short, 'the E.G. Act'), for violation of Clause 6 (1) (c) of the Liquefied Petroleum Gas (Regulation, Supply and Distribution) Order, 1993 hereinafter referred to as 'the LPG (RSD) Order, 1993), and sentenced to suffer simple imprisonment for 3 (three) months and pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo simple imprisonment for further period of one month.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated thus: On receiving information, on 25.02.1995, that some of the hotels, at Paltanbazar, Guwahati, had been using Domestic cylinders, instead of LPG Commercial cylinders, for commercial purpose, one Inspector of CBI (PW1), accompanied by another Inspector of CBI, ACB (PW 5), an Area Manager of IOC, Guwahati, (PW2) and a constable of CBI, (PW4) made a surprise visit to hotel Gitanjali, at Paltanbazar, Guwahati, and found a domestic cylinder in used condition lying in the kitchen of the said hotel and another empty cylinder lying there alongwith the regulator. On demand made by PW 1, the accused, who was proprietor of the said hotel and who was present there, could not produce any documents to show that he could have used a Domestic cylinder for commercial purpose. The CBI Officer aforementioned, then, seized the cylinders and prepared a seizure memo in this regard. In course of time, an offence report seeking prosecution of the accused under Section 7 of EC Act, for violation of Clause 6 (1) (c) of the LPG (RSD) Order, 1993.

(3.) During trial, the accused pleaded not guilty to charge framed against him under Section 7 of the E.G. Act. At the trial, the defence did not dispute that the domestic cylinders were found at the place as mentioned hereinbefore. In fact, while the accused was examined under Section 313 Cr.P.C., he admitted that two domestic cylinders had been found in his possession.What the accused contended was that the said two domestic cylinders were meant for his personal use. The fact that the accused was a consumer of domestic cylinder was not, however, disputed by the prosecution. In these premises, the learned trial Court held the accused guilty of the charge framed against him and convicted him accordingly. This conviction followed the sentence passed against the accused as indicated hereinbefore. Feeling aggrieved by his conviction and the sentence passed against him, the accused has preferred this appeal.