N.P. MOHAMMED KUNHI Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petitioner is the appellant in Crl. Appeal No.207 of 2012 of the Additional Sessions Court-II, Kasaragod and the 2nd accused in CC No. 282 of 2008 of the Judicial First Class Magistrate Court-I, Hosdurg.

(2.) The prosecution case, in brief, is that on 04.10.2007, PW1, the Sub Inspector of Police, Hosdurg, on getting reliable information, proceeded to the shop room bearing No.XXVIII/608 (New No.XX/337E) of Kanhangad Municipality and inspected the lorry booking centre in the presence of the 1st accused. PW1 seized 1310 liters of blue colour kerosene, which was found inside the shop room for the purpose of sale in violation of Section 16 of the Kerala Kerosene Control Order, 1968 (hereinafter referred to as, "the Order"). The 2nd accused was the tenant of the building. Thus, it is alleged that accused 1 and 2 have committed the offence punishable under Section 7(1)(a)(ii) of Essential Commodities Act (hereinafter referred to as, "the Act") r/w Section 16 of the Order.

(3.) During the trial of the case, PWs 1 to 10 were examined and marked Exts. P1 to P12 and MO1 and MO2 on prosecution side. On closing the evidence of prosecution, the accused was questioned under Section 313(1)(b) of the Code of Criminal Procedure. They denied all the incriminating circumstances appearing in the evidence against them. No separate oral evidence was adduced on their side. However, Ext.D1 is marked through PW7.