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, an inspection of the 昀椀rm of the appellants was done by B.P. Sharma (PW/4), Food Inspector, who noticed following irregularities :-

(i) 991 liters of motor spirit was found to be less.

251 liters of high speed diesel oil was more. There was di昀昀erence in temperature and density of quantity of petrol/diesel purchased on 22.07.1992 in compared to petrol/diesel stored in tank on 23.07.1992. In fact, the temperature of petrol purchased on 22.07.1992 was 25 centigrade and density was 724 = 7322, but the temperature of petrol kept in tank No.1 on 23.07.1992 was 30.5 and density 720=7327. Likewise, the temperature of petrol of tank No.2 was 32.5 and density 720=7343. Temperature of diesel purchased on 22.07.1992 was 38, density 832 and temperature of diesel kept in stock was found to be 22.5 on 23.07.1992 and density 836 and the temperature and density was found to be 32.5 and 834, respectively, during the inspection. Thus, the di昀昀erence in temperature and density was found di昀昀erent from the prescribed quantity.

(ii) 125 liters of high speed diesel oil was kept in drum for selling. There was adulteration in mobil oil and diesel kept in 昀椀ve drums, sample of which prepared and sealed in three di昀昀erent bottles for its examination and one bottled was given to appellant No.1.

(iii) 1895 liters of mobil oil, 360 liters of grease, 820 liters of hydraulic oil were seized in absence of valid license. The last meter reading and deep reading and entries of di昀昀erence were not marked in the stock and sales register. Name, address, type and quantity of oil were not mentioned in respect of diesel and receipts were not issued. Monthly statement were not sent. No receipts of sale of lubricating oil and greases were submitted after July 1991 and December, 1991. This proved that the business of buying adulterated lubricating oil and grease was going on and the old purchased stock was being shown as in stock. Correct account details of petrol, diesel, lubricating oil and greases were not maintained.

4. After inspection by the Food Inspector and consequent irregularities committed by the appellants, inquest was prepared vide Ex.P/1. Articles like petrol, diesel, mobil oil, hydraulic oil, stock register, daily sale register were seized vide Ex.P/2. Supurdnama was prepared vide Ex.P/3. Physical veri昀椀cation chart of articles was prepared vide Ex.P/4 and charge sheet was 昀椀led against the appellants.

5. So as to hold the appellants guilty, the prosecution examined as many as 04 witnesses. Statements of the appellants were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication. The appellants were also examined 昀椀ve defence witness to substantiate its case.

6. Learned