Sharad Kumar Gupta, J.

1. In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 02.07.2001 passed by the Special Judge, Surguja (Ambikapur), C.G. in Spl. Criminal Case No. 205/1996 whereby and whereunder he convicted and sentenced the appellant as under:-

Conviction u/s. Section Sentence Fine sentence

3/7 of the EC Act RI for 2 years Rs. 1000/- in default of payment of fine RI for 3 months

2. In brief the prosecution story is that one person namely Dwarika Prasad was the registered owner of a tempo bearing registration No. MP/27/B-1586. He had appointed appellant as driver for the tempo. On 17.08.1996 co-accused Prahlad approached Dwarika Prasad and told him that he has a drum of kerosine which to be delivered at Ashok Petrol Pump. Dwarika Prasad asked the appellant to go along with tempo. Co-accused Prahlad loaded 200 ltr kerosene on the tempo and asked the appellant to deliver it at Ashok Petrol Pump. On the secret information of PW-2 Sub Inspector B.S. Kerketta seized the tempo along with 200 litres kerosene from appellant at Ashok Petrol Pump. He had no licence for keeping kerosene. After completion of the investigation