Decided on April 02,2014

Ashraf Ismaile Holi Respondents


- (1.) THE present Appeal is directed against the judgment and order delivered by the Learned Additional Sessions Judge, Jamnagar in Special Criminal Case No.4/1999 dated 05.11.1999 recording acquittal of the accused for the offences under Sections 3 and 7 of the Essential Commodities.
(2.) THE facts of the case briefly summarized are as follows: 2.1 On the basis of the information received by the complainant, who is a District Supply Officer, a raid was carried out at the premises of the respondentaccused and the quantity of 460 litres kerosene was found from the premises of the accused, which was in contravention of the provisions of the Essential Commodities Act as no one could possess more than 180 litres of kerosene. It is the case of the prosecution that on 29.10.1992, one Karim Kasam had purchased the kerosene for the distribution to the cardholders and instead of selling the cardholders, he had sold the entire quantity to the respondentaccused, who is running the business in the name and style of "Bharat Dairy". The respondentaccused without having any permit or pass had obtained such large quantity, which has been recovered and, therefore, the offence under Section 7 of the Essential Commodities Act for unauthorized stock of kerosene beyond prescribed permit without any license or permit was received resulting into alleged offences. 2.2 The complaint was filed by the complainant, District Supply Officer on the basis of the approval granted by the higher authority and same was registered as Jamnagar City 'A' Division Police Station. 2.3 On the basis of complaint, the investigation was made and the chargesheet was filed and registered as Special Criminal Case No.4/1993. 2.4 Thereafter, the court below has proceeded with the trial and recorded the further statements of the accused under Section 313 of the Criminal Procedure Code. 2.5 After hearing the learned APP as well as learned advocate for the defence and on appreciation of the evidence, the court below recorded acquittal of the accused.
(3.) IT is this judgment and order which has been assailed on the ground inter alia that the court below has failed to consider the relevant material and evidence including the confessional statement made by the respondentaccused before the authority. Heard learned APP Mr.H.K. Patel for the appellant and learned advocate, Shri Viral J. Vyas for learned advocate, Shri Ashish Dagli for the respondentaccused.;

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