RAM NIWAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ram Niwas appellant-accused (herein referred as 'the accused') was prosecuted for keeping 1500 litres of kerosene in his possession, in violation of the Haryana Prevention of Hoarding and Maintenance of quality Order 1977 (herein referred as 'the Order'), punishable under Section 7 of the Essential Commodities Act, ultimately, he was convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2,000/- vide judgment dated 27/29.01.2000, passed by Special Judge, Narnaul.

(2.) The case was registered on the secret information by Sub Inspector Ram Chander, (herein referred as 'the Investigating Officer'), who in the company of Sant Lal A.F.S.O. and Hari Singh, Inspector, Food & Supplies Department, raided the premises of the accused and recovered seven drums, containing 1500 litres of kerosene and prepared the recovery memos Ex.PE and Ex.PG in that regard. Hari Singh, Inspector, Food & Supplies Department, prepared the rough site plan Ex.PH/3 and took it into possession the authority letter of accused Ex.PC vide memo Ex.PH/4 on 08.06.1998. The Investigating Officer got recovered the stock registers Ex.P2 to Ex.P4 and took it into possession vide memo Ex.PG. Ultimately, on completion of investigation, report under Section 173 Cr.P.C. was submitted against him.

(3.) On finding a prima facie case against the accused, he was charged under Section 7 of the Essential Commodities Act to which he pleaded not guilty and opted to contest.