CAV JUDGMENT

Delivered on : 04-08-2015

1) The appellant has preferred this appeal assailing the judgment of conviction and order of sentence dated 26.08.1998 passed in Criminal Case No. 3/98 by Special Judge, Raipur, whereby & whereunder learned Special Judge after holding the appellant guilty for violation of Liquefied Petroleum Gas (Regulation of Supply & Distribution) Order, 1993 (hereinafter referred to as “the P.G. Order”) convicted him under Section 3 & 7 of Essential Commodities Act, 1955 (for short, 'the Act') and sentenced him to undergo S.I. for three months and to pay fine of Rs. 500/-, in default of payment of fine to undergo additional S.I. for 10 days.

2) The facts as projected by the trial Court are that the appellant/accused is a hotel-keeper, he was arrested and prosecuted for alleged violation of clause 3(1) (c) and 6(1)(c) of the P.G. Order. Prosecution has alleged that on 11.01.1998 Naib Tehsildar, Dhamtari Shri D.R. Margiya (PW-3) along with Food Inspector R.K. Shukla (PW-1) inspected the hotel “Cafe Akbari” which belongs to appellant in presence of Abdul Salim and Naveen Masih and found the appellant using Liquefied Petroleum Gas (Domestic) in cooking and prepara