The petitioner has challenged the judgment of conviction

dated 17.02.2020 passed by the Civil Judge and JMFC,

Bagepalli, (henceforth referred to as 'Trial Court' for short) in

C.C.No.261/2013 convicting him for the offences punishable

under Section 7 read with Section 3 of the Essential

Commodities Act, 1955 read with Sections 3, 4 and 5 of the

Liquefied Petroleum Gas (Regulation of Supply and Distribution)

Order, 2000 and Section 23 of the Petroleum Act, 1934 as well

as Section 285 of IPC and sentencing him to undergo simple

imprisonment for a period of six months along with fine of

Rs.1,000/- for the offence punishable under Section 7 read with

Section 3 of the Essential Commodities Act read with Sections

3, 4 and 5 of the Liquefied Petroleum Gas (Regulation of Supply

and Distribution) Order and Section 23 of the Petroleum Act

and to undergo simple imprisonment for a period of one month

along with fine of Rs.1,000/- for the offence punishable under

Section 285 of IPC. The petitioner has also challenged the

judgment dated 11.01.2021 passed by the Principal District and

Sessions Judge, Chikkaballapura (henceforth referred to as

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'Appellate Court' for short) in Crl.A.No.28/2020 by which, the

judgment of conviction passed by the Trial Court was upheld.

2.

The parties shall henceforth be referred to as they

were arraigned before the Trial Court. The petitioner herein

was the accused.

3.

The food inspector lodged a complaint dated

31.01.2012 stating that on receipt of credible information that

some persons illegally and unauthorizedly were using domestic

LPG cylinders belonging to the Government and private entities,

to refill smaller cylinders at a shop of Zubeda Transport, near

New Horizon School road, a raid was conducted along with the

police inspector. On the way, they secured independent

witnesses to conduct a mahazar. When they visited the spot,

they found that premises was a shop measuring 20 ft x 10 ft

and comprised of two rooms. In one of the rooms, the accused

had

stored

domestic

LPG

cylinders

belonging

to

the

Government and private entities and was refilling gas lights and

gas cylinders used in vehicles. On enquiry, he revealed that

he was a gas stove and motor wiring mechanic. He was taken

into custody and a mahazar was drawn. It was found that

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there were four commercial cylinders weighing 19 kg each, of

which, one of them was half full. One full sealed cylinder

weighing 15.9 kg of H.P. Company, two empty gas cylinders of

16.2 kg and 16.3 kg belonging to H.P. Company were seized.

In another room, they seized a electronic weighing machine

and they found 14 kg empty LPG cylinder of Sree Gas Cylinder

and gas refilling nozal pipe. They also found three empty 5.5.

kg cylinders and seven empty cylinders of 2 kg capacity used

for gas lights. The premises was seized and the key was

handed over to the friend of the accused Mr. Syed Ibrahim.

4.

Based on the complaint, the jurisdictional police

registered Crime No.21/2012 for the offence punishable under

Section 285 of IPC and Sections 3 and 7 of the Essential

commodities Act, 1955 read with Section 23 of the Petroleum

Act, 1934. After recording the statement of the witnesses and

reporting the seizure of the property to the Court, a charge-

sheet was filed for the offences punishable under Section 285

of IPC read with Sections 3 and 4 of the Essential Commodities

Act, 1955 and Section 23 of the Petroleum Act, 1934.

- 5 -

5.

The Trial Court took cognizance of the offences

punishable under Section 285 of IPC, Section 7 read with

Section 3 of the Essential Commodities Act, 1955 and Sections

3, 4 and 5 of the Liquefied Petroleum Gas (Regulation of Supply

and Distribution) Order, 2000 and Section 23 of the Petroleum

Act, 1934. The Trial Court secured the presence of the accused

and released him on bail. A copy of the charge-sheet was

furnished to the accused and the substance of accusation was

read over to him. The accused pleaded not guilty and