RAGHUNATH PRASAD JINDAL Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appellant u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 22.2.1994 passed by Special Judge (E.C. Act), Dehradun in Criminal Case No. 4/1991, State Vs. Sanjay Kumar & Others, whereby the learned Special Judge (E.C. Act) convicted the accused/appellant Raghunath Prasad u/s 3/7 of The Essential Commodities Act, 1955 (hereinafter to be referred as the Act) and was sentenced to two years R.I. and a fine of Rs. 10,000/ - and in default of payment of fine further three months S.I. was awarded. However, the co -accused persons namely, Sanjay Kumar, Shoorvir Singh and Ambedkar Kumar were acquitted of the charge levelled against them by the trial court.

(2.) I have heard Sri Sandeep Tandon, learned counsel for the appellant as well as Sri M.A. Khan, learned brief holder for the State. Perused the entire material available on record.

(3.) IN brief, the prosecution case is that Sri S.P. Shukla, D.S.O., Dehradun lodged the F.I.R. at Police Station, Dalanwala with the averments that on 31.1.1991 at about 02:00 P.M. he received the information that Sanjay Kumar, Salesman of the fair price shop of Raghunath Prasad Jindal have sold one barrel of Kerosene oil in unauthorized way and that the residents of Nai Basti, Chandar Road have caught hold the retailer. On getting this information, he accompanied with Supply Inspectors reached at Himani Gas Chauraha and from the spot he recovered one barrel of 220 Ltrs. Kerosene oil loaded on the three -wheeler bearing No. UGA 9406 of Shoorvir Singh. The statement of Shoorvir Singh were recorded on the spot. The statement of Shoorvir Singh was supported by Ambedkar Kumar. Munna Teli, Naushad, Farukh Ahmed and Munish Kumar also signed on the statement as witnesses. Meanwhile, the inspection of the fair price shop of Raghunath Prasad Jindal was done in presence of Sanjay Kumar, Salesman. Three bags of super fine rice weight 2.50 quintals, 16 bags of common rice weight 14.43 quintals, one bag of sugar weight 19 kg and one stock register valid upto 31.1.1991 was recovered from the shop. Two sales register which had the entries from 17.12.1990 to 30.1.1990 were also found. Thereafter the inspection note, recovery memo and supardginama was prepared which is Ext.Ka -1. In the stock register, the opening balance on 31.1.1991 was shown 260 ltrs. kerosene oil but no sale of kerosene oil was entered in the register on that day. Thus, the retailer and his salesman by not giving kerosene oil to the ration card holders, Sanjay Kumar, Salesman has sold 220 Ltrs. Kerosene oil to Shoorvir Singh in an unauthorized way. By doing this act, the accused/appellant Raghunath Prasad Jindal and his salesman Sanjay Kumar have violated the provisions contained under The U.P. Scheduled Commodities Distribution Order, 1990, which is punishable u/s 3/7 of the E.C. Act. On the spot, three samples were taken into three phial from the said kerosene oil, out of which one sample was given to Sanjay Kumar. According to the recovery memo prepared on the spot, the commodities recovered from the shop was given in the supardgi of Pooran Singh Bisht, Fair price shop dealer. The three -wheeler bearing No. UGA 9406 alongwith one barrel of 220 Ltrs. Kerosene oil and Sanjay Kumar, Shoorvir Singh and Ambedkar Kumar were taken to the Police Station. With the above -said averments, Sri S.P. Shukla, District Supply Officer, Dehradun lodged the F.I.R. on 31.1.1991 at 05:30 P.M. at P.S. Dalanwala. That F.I.R. is Ext.Ka -3. On the basis of that F.I.R., Chik F.I.R. (Ext.Ka -4) was prepared. The necessary entries were also made in the G.D., copy of which is Ext.Ka -7. The investigation of this case was entrusted to Sub Inspector S.N. Sharma. The receipt of register of ration card is Ext.Ka -2. During the course of investigation, the I.O. inspected the spot and prepared the site -plans, which are Ext.Ka -8 and Ka -10. On 25.3.1991, the then District magistrate, Dehradun accorded the sanction to launch prosecution against the accused persons. That sanction order is Ext.Ka -9. After completing the investigation, the I.O. submitted the charge sheet against the accused/appellant Raghunath Prasad Jindal and the co -accused Sanjay Kumar, Shoorvir Singh and Ambedkar Kumar (acquitted by the trial court). That charge sheet is Ext.Ka -5.