THOTLA LAXMAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. aggrieved by the judgment, dated 16.05.2016, passed in Crl.A.No.7 of 2015 on the file of the Principal District and Sessions Judge, Ranga Reddy District at L.B.Nagar, wherein the learned Sessions Judge, confirmed the conviction and sentence imposed for the offence under Section 7 of the Essential Commodities Act, 1955 by the learned VIII- Metropolitan Magistrate, Cyberabad at Rajendranagar, against the revision petitioner/A-1 in C.C.No.218 of 2011 dated 11.02.2015.

(2.) It is the case of the prosecution that on 24.05.2010 the District Supply Officer (Civil Supplies) Department, Chevella Division, Ranga Reddy District, received a credible information relating to illegal storage of kerosene meant for Public Distribution System. Thereafter, on the same day at 11.00 hours the officials of Vigilance and Enforcement Department, Hyderabad City Team-2, DSO, Ranga Reddy District, ASOs of Chevella East Division and Saroornagar, along with Tahsildar, Shamshabad Mandal, rushed to J.J.Shukla Function Hall, Shamshabad and found illegal storage of 7540 litres of PDS Kerosene at down stairs of Maisamma Temple Premises of J.J.Shukla Function Hall and the said stock was held by the revision petitioner/A-1 in violation of Control Orders APPP (L&Rs) Order, 1980 and the Kerosene (Restriction on use and fixation of Ceiling Price) Order, 1993 without any valid licence and a case under Section 6-A of the Essential Commodities Act, 1955 has been booked and the stock was seized. After completion of the investigation the police filed charge sheet against the accused, which was taken on file as C.C.No.218 of 2011 for the offence punishable under Section 7 of the Essential Commodities Act, 1955. The case against accused No.4 (Shareef) was split up and numbered as C.C.No.156 of 2015.

(3.) The prosecution has examined P.Ws.1 to 7 and got marked Exs.P1 to P4 to prove the guilt of the accused. On behalf of the accused, neither oral nor documentary evidence was adduced.