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2015 Supreme(Ker) 1383

P.D.RAJAN
Saithalavi – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant :T.A. Shaji, Senior Advocate, M. Promodh Kumar and P.R. Sreejith
For the Respondent: Githesh R., Public Prosecutor

JUDGMENT :

P.D. Rajan, J.

1. Appellant, who is the accused in ST No. 25/199 on the file of Special Judge for Essential Commodities Act, Thrissur challenges the judgment of conviction and sentence under Section 3 and 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the 'EC Act' for short). He was sentenced to imprisonment for six months and fine of Rs. 2,000/-, in default of payment of fine, imprisonment for six months. The facts necessary for indictment were that on 07/08/1992 at 4.15 p.m. the Rationing Inspector, Kozhikode inspected the house of the appellant and detected 1010 litres of kerosene kept in 5 big barrels in his courtyard and one small barrel in the bath room, in the house No. RP11/214 of Velipram Amsom Desom, Ramanattukara. Immediately he reported the matter to his higher authorities and as per their direction reported the matter to the Feroke Police, where they registered a crime and after completing investigation, laid final report in the Trial Court.

2. During trial, prosecution examined PWs 1 to 8 and marked Exts. P1 to P12 as documentary evidence. The incriminating circumstances brought out in evidence were denied by the accused while questioning
















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