RATANLAL MAHAJAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in the instant criminal appeal has been made by the accused appellants to the judgment of conviction and sentence dated 6.1.1989 passed by the Court of Special Judge, (Essential Commodities Act) Jaipur [for short the learned Trial Court] in Criminal Case No. 17/87, State of Rajasthan Vs. Ratanlal and Ramjilal, whereby the learned Trial Court has convicted and sentenced the accused-appellants as under:

(2.) Facts of the case in nutshell are that on 17.7.1985, Mr. Rajendra Prasad Lokanda and Mr. Bachanlal Nanawat, Enforcement Officers, Kotputli, went to Village Chowki Gordhanpura and inspected the shop of Ratan Oil Store at 5.30 PM. During inspection, they found 900 liter of diesel in five drums. They also found that in the rate list which was hanging outside the shop of Ratan Oil Store, the rate of diesel was shown as Rs.3.70 per liter. They also found two cash memos of Mamodia Brothers, Paota about purchase of diesel in the name of Ratan Oil Store, Gordhanpura and a bill book containing 11 cash memos of diesel sold to different persons by the firm Ratan Oil Stores, Gordhanpura. The Enforcement Officers at the time of checking found Shri Ramjilal at the shop who on demand could not show any license required under Section 3(1) of the Rajasthan Petroleum Product (Licensing and Control) Order, 1979.

(3.) After investigation, the police submitted charge-sheet against the accused appellants for the aforesaid offence before the learned Trial Court. The case being summons case, charge in substance was framed against the accused appellants. The accused appellants pleaded guilty. The prosecution in support of its case recorded statements of eleven witnesses and nineteen documents were got exhibited. Thereafter, the accused/appellants were examined under Section 313 Cr.P.C. In defence the accused appellants recorded the statement of one witness. The appellants aggrieved and dissatisfied with the impugned judgment/ order of conviction and sentence passed by learned Trial Court dated 6.1.1989 have preferred this criminal appeal.