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1987 Supreme(Ker) 311

THOMAS
KUNHAPPAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The main question involved in this appeal is whether a conviction can be based on admission made by the accused as a witness in another case. The lower court found 'that such an admission can be used to base a conviction. Accordingly the appellant was convicted for the offence under S.7(1)(a)(ii) of the Essential Commodities Act. He was sentenced to simple imprisonment for three months and fine of Rs. 1000/-. He is found to have contravened Clause.6 of the Kerala Motor Spirit and High Speed Diesel Oil (Maintenance and Regulation of supplies) Order, 1979 (for short'the Order'). The prosecution case is that appellant is the owner of a workshop called "Gopi Motor Workshop". When the Sub-Inspector of the local Police Station searched the said workshop on 9-3-1984, he found 25 litres of diesel oil kept in two canns. He seized the canns under a search list. As the quantity of diesel oil was in excess of the permitted limit, the Sub Inspector arrested the appellant and registered a crime against the appellant. Ext.P3 is the FIR. After obtaining the certificate of chemical analysis of the sample taken from the canns and after completing the investigation, the case was charge














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