KALA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Kala Devi accused appellant (herein referred as 'the accused') was prosecuted for the offence under Sec-tion 7 of the Essential Commodities Act, 1955 (herein referred as 'the Act') for viola-tion of the provisions of Rule 7 (d) Of the Liquified Petroleum Gas (Regulation of Sup-ply and Distribution) Order, 1993 i.e. for charging excess of the price fixed for the cylinder. Consequently, vide judgment dated 12.8.1998 passed by the learned Spe-cial Judge, Narnaul, convicted and sen-tenced her to undergo rigorous imprison-ment for four years and to pay fine of Rs.2,000.

(2.) The accused was running a gas agency in the name and style of M/s V.S. Gas Agency, Mahendergarh, of which she was the proprietor. Several complaints were filed against her by the people of the area for charging more money from the connec-tion holders for providing D.B.C. and for issuance of connection in the rural area. Captain Mahabir Singh one of the complain-ants resident of village Shyampura, vide his complaint Ex. PC levelled allegations that the proprietor of the said agency charged Rs. 900/- on account of security of the LPG cylinders, Rs. 50 as charges of regulator, Rs.215 as refill charges and Rs. 330 extra. However, no receipt was issued for the said Rs.330 in his favour. He further disclosed in his complaint that on his questioning he was informed that the amount was charged because his connection related to the rural area. On receipt of the said complaint Ex. PC, Deputy Commissioner, Mahendergarh sent the-same to Sub Divisional Officer (C) Mahendergarh vide letter No.745 complaint dated 28.5.1995. Sub Divisional Officer (C) Mahendergarh further sent the same along with complaint to Tehsildar, Mahendergarh for enquiry and report vide letter No.3443/ ST dated 2.6.1995 which is Ex. PA. Tehsildar, Mahendergarh held enquiry and submitted his report against the Gas Agency and further concluded that the proprietor of M/s V.S. Gas Agency, Mahendergarh while violating Rule 7 (d) of Liquified Gas Cylinders Rules enacted under Section 3 of the Act has committed the offence punish-able under Section 7 of the Act and he rec-ommended the registration of the case against the proprietor of the gas agency. Thereafter, Deputy Commissioner, Narnaul, sent letter No.2655/complaint dated 13.11.1995 (Ex. PA/1) to D.F.S.C. Narnaul for necessary action and ).F.S.C. Narnaul vide letter No.95/6481 dated 22.11.1995 (Ex PB) recommended for reg-istration of the case against M/s V.S. Gas Agency. On the basis of the letter Ex. PB, formal FIR Ex. PB1 was registered against the accused. The case was investigated and ultimately challan was presented against the accused.

(3.) On finding prima facie case against her, she was charged under Section 7 of the Act to which she pleaded not guilty and claimed trial.