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2010 Supreme(MP) 212

N.K.MODY
Mehboob Khan – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
Asif Warsi for petitioners;
G. S. Chouhan, Government Advocate for respondent.

ORDER

1. Being aggrieved by the judgment dated 14.10.09 passed by 1 ASJ, Shajapur in Cr. A. No. 184/80 whereby the judgment dated 11.8.08 passed by JMFC, Shajapur in Criminal Case No. 1293/06 whereby the petitioners were convicted for the offence punishable under section 3/7 Essential Commodities Act by sentencing them to undergo one year RI and fine of Rs.500/- each was confirmed, present revision petition has been filed.

2. Case of prosecution was that Assistant Food Officer, Shajapur made a written complaint to the effect that on 19.1.06 Maruti Van bearing Registration No. MP/07-N/1570 was inspected at about 3:30 pm in presence of witnesses. It was alleged that during inspection, it was found that it was being plied by using domestic gas cylinder. It was alleged that the offending vehicle was being driven by Farid Khan (Respondent No.2) and in the cylinder 7 kg. of gas was found. It was alleged that the driver was not possessing any licence to use the domestic gas. Further case of prosecution was that Farid Khan informed that Mehboob Khan who is petitioner No.1 is the owner of the vehicle. Upon which case was registered against the petitioners. After framing of charges and also a












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