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GUJARAT HIGH COURT
K.J. THAKER, J
KOTECHA PRABHUCHANDRA MANSANG – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. overview of procedural shortcomings impacting the case outcome. (Para 1 , 2) |
| 2. arguments presented regarding the evidence handling and prosecution's case integrity. (Para 4 , 5) |
| 3. court's analysis on sampling irregularities leading to appeal allowance. (Para 6) |
| 4. final decision to quash conviction and acquit the appellant. (Para 7) |
JUDGEMENT
1. The present appeal has been filed by the appellant under Section 3 74 of the Criminal Procedure Code , against the judgment and order dated 28.10.1996 passed by learned Special Judge, Surendranagar in Special Essential Case No.1 of 1992, whereby the appellant-accused was convicted for the offence under Section 3 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for three months and pay fine of Rs.5,000/- and in default of payment of fine, simple imprisonment of one month was imposed.
2. Short facts of the prosecution case are as under:
2.1 The accused is doing business in petroleum products and is owner of petrol pump running in the name of Mahavir Petroleum at Thangad, Dist.Surendranagar. It is the prosecution case that Mr.R.P.Trivedi, Asst. Director of Supply Department with other
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