STATE OF HARYANA Vs. CHHABIL DASS

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No. 939 SBA of 1997 as also Criminal Appeal No. 940 SBA of 1997 filed by State of Haryana as common question of law and fact is involved therein. The facts gathered from Criminal Appeal No. 939 SBA of 1997 are that on 4.2.1994 letter Ex.PA was received in Police Station Nathusari Chopta from Assistant Food and Supplies Officer, Sirsa wherein it was mentioned that on 2.2.1994 Ashok Kumar Bansal and Dharamvir Bhardwaj, Inspectors Food and Supplies inspected the branch of CONFED. On physical verification of CONFED branch Darba Kalan, 4 quintals 65 Kgs and 100 grams of levy sugar was found to be short for which accused who was working as salesman is responsible. The sale and stock registers were taken from the accused and the stock lying in the shop was verified. Thereafter, the fair price shop at Kagdana of which accused was salesman was checked by Inspector Ashok Kumar Bansal in the presence of Dharamvir Bhardwaj Inspector and the accused. The sale and stock registers of the depot were taken into possession and the stock lying in the shop was physically checked and on verification sugar weighing 1 1/2 quintals was found to be short. Ashok Kumar Bansal prepared the checking report and sent the same to the District Food and Supplies Controller, Sirsa for further action, who in turn sent the same to the Police Station, wherein on its basis, the case was registered against the accused, who was arrested. After completion of the investigation, the charge sheet was laid in the court for trial of the accused.

(2.) The accused was charged under Section 7 of the Essential Commodities Act, (for brevity the Act) to which he did not plead guilty and claimed trial.

(3.) To bring home guilt against the accused the prosecution examined PW-1 Krishan Chander Assistant Food and Supplies Officer, PW- 2 Parveen Kumar clerk office of District Food and Supplies Controller, PW- 3 Bhagwan Dass Storekeeper, PW-4 Sarwan Singh, PW-5 Ashok Kumar Bansal, Inspector Food & Supplies Sirsa, PW-6 Dharamvir Bhardwaj Inspector Food and Supplies, PW-7 Punjab Singh ASI and closed its evidence.