ORDER

Vaidya, J.- This appeal by the State of Gujarat is directed against the impugned ORDER and order dated 19.1.1985, rendered in Criminal Case No. 8 of 1985, by the learned Chief Judicial Magistrate, Nadiad, wherein the respondent-Kiritbhai Maganbhai Patel, who came to be tried for the alleged offence punishable under sections 3 and 7 of the Essential Commodities Act, 1955 for the contravention of clause 25 of the Gujarat Petroleum Products (Licence, Control and Stock Declaration) Regulations was at the end of trial ordered to be acquitted on the short ground that despite several' opportunities given to the prosecution, it failed to keep witnesses present and examine them before the Court.

2. To state few relevant facts of the prosecution case, as are succinctly reflected in Charge (Ext. 4), on 9.4.1980 at 13.00 hours, the complainant on tip-off raided the shop running in the name and style of 'M.S. Patel Kerosene Depot', situated at Chokdi of Village Alindra of the ownership of one Kiritbhai Maganbhai Patel and seized there from 3000 litres of diesel oil valued at Rs. 4,860/- for which the owner had no licence and 2069 litres of kerosene valued at Rs. 3,020-74 without the same