JUDGMENT :

H.H. Mehta, J.

This is a Criminal Revision Application under Section 401 read with Section 397 of the Criminal Procedure Code, 1973 (for short, Cr.PC) filed by the original accused who has been convicted and sentenced by the Judge of Special Court constituted under Section 12(A) of the Essential Commodities Act, 1955, (for short, "the Act") by rendering a judgment dated 7.2.1990 in Special Criminal Case No.110 of 1989 which was there pending on his file. The Criminal Revision Petitioner was original accused in Special Criminal Case No.110 of 1990. The Revision Opponent is the State i.e. the Prosecution. Therefore, the parties will be referred to hereinafter as the prosecution and accused respectively for the sake of convenience. By the said judgment the accused has been convicted for an offence punishable under Section 7 of the Act for a contravention of Section 3 of the Kerosene (Restriction on Use) Order 1966 (for short, "Order") and he has been sentenced to undergo RI for 3 months.

Formerly, the accused had preferred Criminal Appeal No. 136 of 1990. Looking clause (b) of Section 373 of Cr.P.C. no appeal lies in case in which accused has been convicted by a Court of Sessi