PATNI VINUBHAI RAIMALBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal arises out of the judgment and order of the learned Additional Sessions Judge and Special Judge, Mehsana passed in Essential Commodity Case No.5 of 1993 on 2nd December, 1994. The appellant came to be tried for offences punishable under with Section 7 of the Essential Commodities Act, 1955, so also, he was found guilty for violating the provision of Kerosene (Restriction on Use) Order, 1966 by the trial Court and came to be convicted therefor. The learned trial Judge after recording conviction and after hearing the accused on quantum of punishment, sentenced the accused-appellant to undergo Rigorous Imprisonment for 03 (three) months and to pay a fine of Rs.700/-, in default thereof, to undergo further fifteen days imprisonment. The accused-appellant was also granted set off the period of sentence which he has undergone as under trial prisoner.

(2.) The facts of the case can be stated thus:-

(3.) After considering the evidence led by the prosecution, the learned Judge came to a conclusion that the prosecution was successful in establishing charges levelled against the appellant and therefore, convicted the accused-appellant for the said offence by the impugned judgment dated 2nd December, 1994 passed in Essential Commodity Case No.5 of 1993. It is this judgment and order that has given rise to this appeal.