- (1.) UNDER challenge in the instant appeal is the judgment and order dated 24.01.2012 passed by Special Judge, E.C. Act, Faizabad, in Sessions Trial No.5 of 2010 arising out of case Crime No.1158 of 2009 Police Station Kotwali Bikapur, District Faizabad, whereby the appellant was convicted for the offence under Section 3/7 of the Essential Commodities Act, 1955, and was sentenced to undergo simple imprisonment for a period of three months and also with fine of Rs.3,000/ - with default stipulation of three months' additional imprisonment.
(2.) IN brief, the case of the prosecution was that on 21.10.2009, Shri Bhanu Bhaskar Kaul, Supply Inspector, inspected the welding shop of the appellant then he found that 11 empty domestic gas cylinders were kept in his shop. Out of the said 11 cylinders, 10 cylinders were of Indane Gas Service and one cylinder was of Bharat Gas Service. The appellant is said to have made confession before the Supply Inspector that he used to purchase the cylinders @ Rs. 320/ - per cylinder and used to sell it @ R.350/ - per cylinder. After receiving permission from the District Magistrate, the first information report was lodged and after concluding the investigation, the charge sheet was filed.
(3.) THE case of the defence was that the gas cylinders of Indane Gas Service, which were recovered from his shop, were the cylinders of the bonafide consumers. Since the truck of the gas agency used to come to distribute the gas cylinders near the shop of the appellant and on the date of incident, it was informed that the truck shall not come for distribution of cylinders, so the consumers who were known to him, put their cylinders in his shop, which are alleged to have been recovered from his shop. In order to prove its case, the prosecution has examined PW -1 Bhanu Bhaskar Kaul, the Supply Inspector, PW -2 Vijay Pratap Singh, Nayab Tahsildar, who was also present at the time of recovery, PW -3 Constable Kaushal Kumar Shukla, who is a formal witness and has prepared the chik report and G.D. of this case, PW -4 SI Safruddin Khan, Investigating Officer of this case. On behalf of the defence, DW -1 Ramjeet has been examined as a witness.;