VIPAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred by the appellant, namely, Vipan Kumar, challenging the judgment dated 29.1.2000 passed by the Special Judge, Faridkot, convicting the accused (herein appellant) for committing offence under Section 7 of the Essential Commodities Act and sentencing him to rigorous imprisonment for six months and to pay a fine of Rs. 500 and in default of payment of fine, to undergo further rigorous imprisonment for one month.

(2.) The brief facts of the present case, as set up by the prosecution, are that on 20.8.1990, Sadhu Ram, Inspector the then SHO, Police Station City Kotkapura, received a secret information to the effect that the accused was storing kerosene oil, diesel and petrol, without any licence, in the residential building on one Pappu, situated on Kothe Bahman Wala road, which was with him on rent, the same could be recovered by conducting a raid. On the basis of said information, Sadhu Ram, Inspector, recorded formal FIR (Ex. PE) and organized a raid party and also joined Mangat Ram Chopra (PW6), in the said raiding party. Accordingly, raid was conducted in the presence of Mangat Ram and other members of the raiding party at the premises of Vipan Kumar, accused where he was found present. During the raid, 11 drums (barrels) containing kerosene oil out of which each contained 200 litres of kerosene oil were recovered. Besides this, 18 empty barrels were also lying in the premises which were giving a smell of kerosene oil, diesel and petrol. One pipe fitted with Pakha for the purpose of taking out kerosene oil, petrol, etc. from the barrel was also recovered. A quantity of 750 mililiters each of the drum (barrel) was taken out to convert the same into samples and the same were kept in different bottles and the remaining material was kept intact in the respective barrels. The respective barrels which were sealed by Sadhu Ram, Inspector, bearing impression 'SRS'. These drums and the empty drums were taken into possession vide Ex.Pl to P29, pipe and pakha were taken into possession vide Ex.P30 and P31, respectively. The samples were taken into possession vide memo Ex. PD attested by Mangat Ram, Inspector and Karaj Singh, HC. After use, seal was handed over to Mangat Ram, Inspector. During raid, the accused-appellant could not produce any licence or permit for keeping the said barrels in his possession.

(3.) The accused was arrested. Statements of witnesses were recorded and the matter was investigated. Rough site plan (Ex. PF) in respect of the place of recovery was prepared. Case property was deposited with MIIC by Sadhu Ram, Inspector. Samples were sent to the laboratory. Challan was presented against the accused and charge under Section 7 of the Essential Commodities Act was framed against the accused to which the accused pleaded no guilty and claimed trial.