( 1 ) THE present appeal arises out of the judgment and order of the learned Special Judge, City Civil Court, Ahmedabad passed in Special Criminal Case No. 13 of 1989 on 7th November, 1989. The appellant came to be tried for offences punishable under Section 3 read 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.

( 2 ) THE facts of the case can be stated thus:-The complainant was discharging his duty as Traffic Police Sub Inspector at S. T. Circle between 5:00 p. m. and 9:00 p. m. At that time, some other Police Officers, so also, the expert persons of Forensic Science Laboratory were also present with him. It is the case of the prosecution that one rickshaw came from Paldi which was emitting excessive smoke and therefore, it was intercepted by the complainant and rickshaw was stopped. However, the rickshaw driver ran away from the

Click Here to Read the rest of this document