SHARMA, J. - (1.) BOTH the criminal appeals filed by the State of Rajasthan arise out of the same set of facts and evidence, hence they are being decided by this common Judgment.
(2.) THE State of Rajasthan has preferred these two appeals against the judgments of acquittal dated 30. 5. 1998 passed by learned Special Judge, Essential Commodities Act Cases, Jhunjhunu in criminal (Sessions) Case No. 3/1996 and 5/1996. Facts of Case of Appeal No. 1127/02: On 19. 2. 1996 Mr. Shyam Sunder Sharma, District Supply Officer, Jhunjhunu along-with other officials went to enquire about supply of illegal kerosene oil to plant of M/s. Pahal Granite Industries, Chirawa situated at Industrial Region. After reaching there, these persons saw that two drums were lying there in which 420 ltr kerosene oil was there, which was of supply of general public. When he enquired about the owner of the firm, then one worker of the firm namely; Jai Kumar told that the owner of the factory is Virendra and he has gone to Delhi. When he asked the name of person who was working on Granite, then he stated his name as Jai Kumar. The aforesaid kerosene oil was seized and thereafter, necessary formalities were completed. Facts of Case of Appeal No. 583/2001: On 19. 2. 1996, upon receiving information Mr. Shyam Sunder Sharma, District Supply Officer, Jhunjhunu, along-with other officials went to check M/s. Vikas Granite Chirawa Marble plot situated in Industrial Area. After reaching there, these persons found 2-3 persons doing police and they found 4 drums at the plot. After seeing they found that one drum was filled up and remaining drums were vacant. When these persons enquired about the name of owner of firm, then one person told his name as Mansa Ram and he is resident of Haryana State. These persons asked the names of persons who were working on the factory then these persons stated their names as Shambhu Singh, Sohan Singh and Shambhu Singh and these persons showed the drum by opening it, which was filled up from kerosene oil and for enquiring about the same, in three bottles kerosene oil was taken for sample and the aforesaid kerosene oil was of blue color. When these persons stated to show the bill of purchase of kerosene oil then these persons failed to produce the bills. Thereafter, they completed all the necessary formalities. After registering the complaint accused respondents were summoned. In substance the charge was read over to the accused respondents. During trial the prosecution in support of its case examined as many as 4 witnesses and certain documents were got exhibited.
(3.) THEREAFTER the statements of the accused-respondents under Section 313 Cr. P. C. were recorded. After conclusion of the trial, the learned trial Court vide its judgment dated 30. 5. 1998 acquitted the accused-respondents by giving them benefit of doubt. Aggrieved with the impugned judgments dated 30. 5. 1998 of acquittal passed by learned trial Court, the State of Rajasthan has preferred the instant appeals. ;