Ratanlal And Ors vs State Of Rajasthan

Challenge in the instant criminal appeal has been made by the accused appellants to the judgment of conviction and sentence dated 6.1.1989 passed by the Court of Special Judge, (Essential Commodities Act) Jaipur [for short 'the learned trial Court'] in Criminal Case No.17/87, State of Rajasthan vs. Ratanlal and Ramjilal, whereby the learned trial Court has convicted and sentenced the accused- appellants as under:-

U/s.3/7 of E.C. Act:

Four months Rigorous Imprisonment and fine of Rs.1,000/-, in default of payment of fine to further undergo one month simple imprisonment.

Facts of the case in nutshell are that on 17.07.1985, Mr. Rajendra Prasad Lokanda and Mr. Bachanlal Nanawat, Enforcement Officers, Kotputli, went to Village Chowki Gordhanpura and inspected the shop of Ratan Oil Store at 5:30 PM. During inspection, they found 900 liter of diesel in five drums. They also found that in the rate list which was hanging outside the shop of Ratan Oil Store, the rate of diesel was shown as Rs.3.70 per liter. They also found two cash memos of Mamodia Brothers, Paota about purchase of diesel in the name of Ratan Oil Store, Gordhanpura and a bill book containing 11 cash memos of diesel sold to different persons by the firm Ratan Oil Stores, Gordhanpura. The Enforcement Officers at the time of checking found Shri Ramjilal at the shop who on demand could not show any license required under section 3(1) of the Rajasthan Petroleum Product (Licensing and Control) Order, 1979. The Enforcement Officers thereupon seized twop purchased bills and cash memos back of Ratan Oil Stores and submitted a report to the District Supply Officer, Jaipur, who obtained prosecution sanction from the District Magistrate, Jaipur. On receipt of sanction, the Enforcement Officer, Kotputli, lodged the FIR No.176/1986 at Police Station Kotputli, for the offence under section 3/7 of the Essential Commodities Act.

After investigation, the police submitted charge- sheet against the accused appellants for the aforesaid offence before the learned trial court. The case being summons case, charge in substance was framed against the accused appellants. The accused appellants pleaded guilty. The prosecution in support of its case recorded statements of eleven witnesses and nineteen documents were got exhibited. Thereafter, the accused/appellants were examined under Section 313 Cr.P.C. In defence the accused appellants recorded the statement of one witness. The appellants aggrieved and dissatisfied with the impugned judgment/order of conviction and sentence passed by learned trial court dated 06.01.1989 have preferred this criminal appeal.

Learned counsel for the accused appellants has argued that Ramjilal has a tractor and two diesel engines on his wells, the diesel was kept by him in his room which is separate from his shop from his own use. The prosecution has failed to establish charge against the appellants. Learned Trial Court erred in holding that accused appellants committed the offence punishable under Section 3/7 of the Essential Commodities Act. The appellant No.1 Ratanlal was living in Delhi from the last six years, he has no connection with Ratan Oil Stores, Choki Gordhanpura he was also having no knowledge about sale and purchase of diesel.

Heard learned counsel appearing for the accused appellants, learned Public Prosecutor appearing for the state and scanned and scrutinized the record of the case including the impugned judgment/order of conviction and sentence passed by the learned trial court.

Ramkumar Yadav (PW-4), Hanuman (PW-3) and Malaram (PW-9) have deposed that on 17.2.1985 diesel was purchased in the name of Ratan Oil Store vide Exhibit P5 and P6. 800 liters diesel was purchased in the name of Ratan Oil Store. At the time of inspection, from the possession of Ramjilal a bill book (Ex.A1) was seized in which two particulars of sale of diesel dated 21.1.1985 and 22.5.1985 were mentioned.

FIR (Exhibit P-1) was lodged by Enforcement Officer - Bhagwan Sahai and in the report it was stated that the firm M/s Ratan Oil Store which was under proprietorship of Ratanlal s/o Gyarsilal, was being run by manager Ramjilal s/o Bakshi Ram.

Bhagwan Sahai appeared as PW-1. In cross- examination Bhagwan Sahai (PW-1) admits that the documents annexed with the FIR were not prepared in his presence. He further admits that no enquiry was made in respect of bills issued in respect of sale of diesel.

Prosecution witness Hanuman and Malaram admit that the diesel was purchased once. Prosecution witnesses admit that there was price list in the shop but the price list was not exhibited by the prosecution.

On perusal of the material available on record, the prosecution has failed to produce direct or indirect legal admissible evidence against the accused appellants to hold that the alleged offence was committed by the appellants. As per exhibit P-1 the inspection was carried on 17.7.1985 and FIR was lodged on 23.6.1986. Prosecution has failed to prove its case beyond reasonable doubt.

In view of above, the appeal is allowed and order of conviction dated 6.1.1989 passed by Court of Special Judge (Essential Commodities Act), Jaipur in Criminal Case No.17/87 is set aside.

In view of the provisions of Section 437-A Cr.P.C., appellants namely Ratanlal s/o Shri Gyarsilal and Ramjilal S/o Bakshi Ram are directed to furnish a personal bond in the sum of Rs.25,000/- each and a surety in the like amount, before the Registrar (Judicial) of this Court, which shall be effective for a period of six months, with stipulation that in the event of Special Leave Petition being filed against this judgment or on grant of leave, the appellant aforesaid, on receipt of notice thereof, shall appear before the Supreme Court.