LAXMANSINH MANABHAI MATIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed in Special Summary Case No. 7 of 1998, passed by the learned Special Judge, Panchmahal, at Godhra, dated 15.3.1999 recording the conviction of the appellant-orig.accused for the offence under Section 3 and 12(a)(a) of the Essential Commodities Act and imposing sentence of rigorous imprisonment for one year and fine of Rs.500/-, in default, to undergo further simple imprisonment for one month.

(2.) The facts of the case, briefly summarised, are that the appellant-orig.accused is said to have indulged in the business of selling Kerosene without licence and also using the licence of one Ratan Mansukh as the licence holder as the licence was issued to him unauthorisedly and thereby committed offence as alleged. It is case that on 17.1.1979 on a surprise visit on checking by the Inspector of the Department at the place of orig.accused, it was found that he was not the same licencee and that he was Laxman Mana and on scrutiny, it was found that he was selling the Kerosene of the Registered licenced hawker of Ratan Mansukh for about 8 years and thereby committed offence under the Essential Commodities Act.

(3.) On the basis of the complaint given by the Inspector, the case was registered as Special Summary Case No.7 of 1998. However, as it is a summary case, the plea of the accused was recorded at Exh.1. The accused denied to have committed any such offence and therefore, the learned Special Judge proceed with the trial.