AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Assailed in this appeal is the judgment dated 8.7.1997 passed by the learned Special Judge, Kapurthala, convicting the accused-appellants (herein referred as 'the accused') under Section 7 of the Essential Commodities Act (herein referred as 'the Act') and sentencing them to undergo rigorous imprisonment for six months and to pay fine of Rs.500/- each.

(2.) In nut shell, the facts are that on 26.2.1995, at about 5.00 p.m. Parveen Kumar SI along with other police officials was present at the bus stop Phagwara, where he received a secret information that the accused were selling gas cylinders in the black market and were charging Rs.250/- instead of Rs.102/- (prescribed rate), while parking the truck bearing registration No.HR-05A-4918 in front of Chawla Auto Workshop and they could be apprehended red handed. Finding the information to be reliable, he sent ruqa Ex.PG for registration of the case, on the basis of which FIR Ex.PG/1 was recorded by Gurdial Singh MHC. SI Parveen Kumar went to the spot where he saw Avtar Singh was unloading the empty cylinders and one filled cylinder from the truck, whereas, accused Rakesh Kumar was standing with two customers namely Vicky Sood and Naresh Nichhal. On enquiry, the aforesaid two witnesses disclosed that they had paid Rs.250/- per cylinder and purchased two cylinders from the accused. SI Parveen Kumar had recovered two empty cylinders given to them by the customers and also two filled cylinders as given to them along with 303 empty gas cylinders and 5 filled gas cylinders from the truck vide memo Ex.PA. He arrested the accused. The case was investigated and challan was presented against them.

(3.) Finding a prima facie case against the accused, they were charged under Section 7 of the Act for violation of the Liquified Petroleum Gas (Regulation of Supply and Distribution) Order, 1988 (herein referred as '1988 order').