1. The appeals arise from two criminal cases tried by the Special Court (for trial of offences under the Essential Commodities Act, 1955), Trichur for the offence of contravention of Clause.16 of the Kerala Kerosene Control Order, 1968 (for short 'the order'). The aforesaid clause contains a prohibition that no person (other than an oil company or a dealer licensed under the order) shall have in his possession kerosene exceeding one tin (18.5 litres). Contravention of the said clause is an offence punishable under S.7 (1) of the Essential Commodities Act (for short'the Act'). The trial court found the accused in each case guilty of the offence and convicted him and sentenced him to a term of imprisonment and also to pay fine. These are separate appeals filed by each of them. The common point raised by the learned counsel, if accepted, will affect the results of both the appeals. Hence it is convenient to dispose of these two appeals by a common judgment.

2. The Taluk Supply Officer (T.S.O.), Hosdurg detected two hundred litres of kerosene on 10-4-1984 in a shop room which is said to be in the possession of the accused in the first case. The kerosene was found kept in a b