BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 25.09.2001 (for short as 'impugned judgment') passed by the learned Special Judge, Patiala, (for short as 'trial Court') whereby the accused- appellants have been convicted for the offence punishable under Section 7 of the Essential Commodities Act, 1955 (for short as 'the Act') for having contravened the provisions of the Punjab Light Diesel Oil and Kerosene Dealers Licencing Order, 1978 (for short as 'the Order') and awarded the sentence to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months each.

(2.) The prosecution story, in brief, is that on 12.3.1992, DSP Rachhpal Singh received a secret information that Vijay Kumar and Naresh Kumar, both sons of Dwarka Dass and owners of M/s Dwarka Dass & Sons and Balbir Singh alias Kala were preparing spurious light diesel oil from kerosene oil after mixing some black material in the kerosene oil. On the basis of the said information, formal FIR was recorded. Thereafter, the Police party left to raid the premises of the accused persons. Kuldip Singh was joined as an independent witness. A tanker No. PB-02-9855 was seen coming from Gurdwara Dukh Niwaran Sahib side. The said tanker was stopped, which was being driven by Gurmeet Singh and its Conductor was Ram Parkash. Balbir Singh alias Kala was also with them. The tanker had four chambers. From one chamber, 4000 litres of black oil was recovered. From the second chamber 2000 litres of spurious light diesel oil was recovered. From the other two chambers, 3000 litres each oil was recovered. Samples were drawn from all the chambers. The tanker and the samples were sealed. Site plan was prepared. Relevant memos were prepared and statements of witnesses were recorded. On 14.3.1992, Subhash Chand made a statement that he was a tea-vendor and used to purchase kerosene oil from Naresh Kumar. He had gone to the godown of Naresh Kumar and Vijay Kumar to purchase kerosene oil and found that they were mixing some black material in the kerosene oil and put the same in the chambers of tanker No. PB-02-9855. The samples were sent for chemical examination. After completion of investigation, the challan was presented against the accused.

(3.) A notice containing the substance of accusations on the accused was served to which they pleaded not guilty and claimed trial.