GANGA RAM SUYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant miscellaneous petition has been filed by the petitioner challenging the order dated 27.7.2011 passed by the learned Addl. Sessions Judge No. 2, Udaipur whereby the Revisional Court affirmed the order dated 6.6.2009 passed by the learned A.C.J.M. No. 3, Udaipur in Criminal Case I No. 126/2007 framing charge against the petitioner for the offence under Sections 3/7 and 8/7 of the Essential Commodities Act and Sec. 285 I.P.C.

(2.) Succinctly stated the facts of the case are that the Circle Officer, Udaipur I acting on a prior information recovered certain quantity of liquid styled to be I solvent from a person named Om Singh. Om Singh was not found to be I possessing any licence etc., for the solvent and accordingly he was booked for 1 the offence under the E.C. Act read with Sec. 3 of the Solvent, Raffinate and Slop (Acquisition, Sale Storage and Prevention of Use in Automobiles) Order, 2000. It is alleged that Om Singh on being interrogated disclosed that he had purchased the solvent in question from the petitioner. On the basis of the I investigation a charge sheet was filed against the petitioner and Om Singh under Sec. 3/7 of the Essential Commodities Act. At the stage of framing of the charges, the petitioner contested the same. The petitioner at the stage of framing of charges raised the contention of innocence on two grounds; firstly that he had not sold any solvent to any person illegally and secondly that the only material on the basis whereof the petitioner had been charge sheeted was the confessional statement of the co-accused recorded by the I.O. which was not admissible in evidence.

(3.) The Trial Court, however, proceeded to frame charge against the petitioner as stated above and the Revisional Court affirmed the order framing I charge. Hence, the petitioner has now approached this Court by way of the (instant miscellaneous petition seeking quashing of the order framing charge against him.