CAV order

1. Appellant No.2 – B.K. Lacer left for heavenly abode during the pendency of the appeal and appeal on behalf of appellant No.2 stands abated vide order dated 19.07.2021. Now, the appeal is only in respect of appellant No.1-Pramod Jain.

2. Challenge in this appeal is to the judgment of conviction and order of sentence dated 14.03.2005 passed by Sessions Judge/Special Judge (E.C. Act), District Durg (C.G.), in Special Criminal Case No.74/1992, whereby the appellants have been convicted under Section 7 of Essential Commodity Act, 1955 (for short 'the E.C. Act') and sentenced them to undergo S.I. for 4 months with 昀椀ne of Rs.500/-, plus default stipulation.

3. The prosecution story, in brief, is that appellant Nos.1 and 2 (deceased) are Partners and Manager of company styled as M/s Bhilai Motor Car Company situated at Section 10 in Bhilai, respectively, and have obtained dealership of Motor Spirit, High Speed Diesel Oil, Lubricating Oil and Grease from Hindustan Petroleum Corporation Ltd. The appellants have also obtained license for the said business from District Magistrate in Motor Spirit and High Speed Diesel Oil. On 23.07.1992, under the direction of Sub Divisional O昀케cer,