Bombay High Court
Mahadeo Shrihari Jadhav vs The State Of Maharastra on 7 August, 2024
Author: N.R. Borkar
Bench: N.R. Borkar
2024:BHC-AS:33982
901-APEAL-424-1999.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 424 OF 1999
Mahadeo Shrihari Jadhav ...Appellant
Versus
The State of Maharashtra ...Respondent
....
Ms. Trupti Khamkar, for the Appellant.
Mrs. Sangeeta D. Shinde, A.P.P., for the Respondent - State.
....
CORAM : N.R. BORKAR, J.
DATE : 7th AUGUST, 2024
ORAL JUDGMENT :
1. This appeal takes exception to the Judgment and order
dated 14.07.1999 passed by the Special Judge (E.C. Act) Thane,
in E.C. Case No.4 of 1995.
2. By the impugned Judgment and order, the trial Court has
convicted the appellant for the offences punishable under Section
3 read with Section 7 of the Essential Commodities Act and
sentenced to suffer simple imprisonment for three months and to
pay fine of Rs.2,000/-, in default, to suffer simple imprisonment
for three months.
Sajakali Jamadar 1 of 4
901-APEAL-424-1999.doc
3. According to the prosecution, on 11.11.1994, P.W.4 - P.S.I.
Sonar, who was attached to Kapurbawadi Polie Station was on
patrolling duty with P.W. 1 - P.C. Karande and P.W. 2 - P.C. Jadhav.
While on patrolling duty at about 11.00 a.m., they intercepted
tempo bearing Registration No. MTT 2748. On search of the said
tempo they found that it was carrying 400 liters of blue Kerosene,
which was meant for public distribution system. It is alleged that
present appellant, who was accused No.3 before the trial Court
was carrying the said Kerosene for sale in the open market.
4. I have heard the learned counsel for the appellant and the
learned A.P.P. for the respondent-state.
5. The learned counsel for the appellant submits that the
appellant was working with original accused No.1, who was
having the license for the sale of white Kerosene. It is submitted
that the Kerosene, which the appellant was carrying was in fact
white colour Kerosene and not blue colour Kerosene. It is
submitted that there is no evidence on record to show that
Kerosene was blue colour and not white colour.
Sajakali Jamadar 2 of 4
901-APEAL-424-1999.doc
6. On the other hand, the learned A.P.P. for the respondent-
State submits that the appellant has not disputed the seizure of
Kerosene. The defence of the appellant is that it was white colour
Kerosene. It is submitted the sample of seized Kerosene was sent
for the chemical analysis and this was found to be a blue colour
Kerosene. It is submitted that the trial Court thus rightly convicted
the appellant for the alleged offences.
7. I have perused the evidence on record and the statement of
the present appellant recorded under Section 313 of Cr.P.C. The
Appellant has admitted seizure of Kerosene in his statement
recorded under Section 313 of Cr.P.C. The only defence of the
appellant is that it was a white colour Kerosene and the accused
No.1 with whom he was working was having a license for sale of
white colour Kerosene. The evidence of P.W.-4 in respect of taking
the sample of seized Kerosene in presence of panch witnesses and
sending it for analysis has not been challenged in the cross
examination. The prosecution has produced on record the C.A.
report. It shows that sample was of blue colour Kerosene.
Sajakali Jamadar 3 of 4
901-APEAL-424-1999.doc
8. Considering the overall facts and circumstances, no
interference is called for in the impugned Judgment and order.
The appeal is therefore dismissed.
(N.R. BORKAR, J.)
Sajakali Jamadar 4 of 4
