BRAHM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30.5.1998 passed by the learned Special Judge, Faridabad, acquitting Silak Ram (non appellant) and convicting accused-appellant Brahm Kumar (herein referred as 'the accused') for the offence under Section 7 of the Essential Commodities Act, 1955 herein referred as 'the Act') on the allegations that he was not properly maintaining the stock register and pilfered 221 gas cylinders and 9 regulators. Consequently, he was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 5000/-.

(2.) On 17.9.1992, on the basis of the various complaints from the general public against M/s Surya Gas Agency, a surprised raid under the supervision of S.D.M. M.L. Kaushik (PW1), S.K. Sahi District Food & Supplies Controller, Faridabad, M.K. Mishra Senior Sales Officer Hindustan Petroleum Corporation, Kishan Chand Arora, Assistant Food & Supplies Officer Ballabgarh, S.C. Sikha Manager M/s Sikka Enterprises, Faridabad, Vinay Vardhan Proprietor M/s Allied Agencies Faridabad and some other persons, was conducted. At the time of search of the premises of M/s Surya Gas Agency, it was found that it was lying locked for the last three days. Accordingly, the raiding party sealed the godown with the paper seal of S.D.M. in the presence of the aforesaid persons and they tried to locate the proprietor. They issued notice dated 23.11.1992 (Ex.PB) to appear before the S.D.M.M.L. Kaushik on 30.11.1992 but the accused did not appear as desired. Consequently, the godown of the said premises was unsealed by the S.D.M. M.L. Kaushik and inspection was carried out. On inspection, 265 gas cylinders of Hindustan Petroleum Corporation and five defective gas cylinders were recovered from there which were entrusted to M.K. Mishra (PW2) vide seizure memo Ex.PD. On 10.2.1993, Assistant Food & Supplies Officer, Ballabgarh referred the complaint for registration of the case to the Station House Officer, Police Station City, Ballabgarh along with details of inspection carried out on 17.9.1992 and 30.11.1992. On the basis of the aforesaid complaint, First Information Report (Ex.PJ/1) was recorded. ASI Harnam Singh (PW8) conducted the investigation. Mr. K.L. Arora, M.K. Mishra and Pankaj Jain broke open the seal of the gas agency to conduct the inspection where upon four empty gas cylinders and 29 regulators of Hindustan Petroleum Corporation, two regulators of Indane and one regulator of Bharat Petroleum were recovered from the premises of the said agency. The stock register (Ex.P1) was also found there and according to the latest entry dated 23.8.1992 of the said stock register, there should have been seven filled gas cylinders, 478 empty gas cylinders as also 41 gas regulators. But as per stock register, four gas cylinders of HP and 32 gas regulators were then seized vide memo Ex.PF. SDM M.K. Kaushik had already recovered 270 gas cylinders from the godown of Surya Gas Agency on 30.11.1992 and four gas cylinders were recovered from the show room of the said agency on 16.2.1993 by ASI Harnam Singh. Thus, a shortage of 211 gas cylinders was found while comparing with the stock register. Similarly, shortage of nine gas regulators was also detected. On completion of the investigation challan was presented against the accused.

(3.) On finding a prima facie case, they were charged under Section 7 of the Act, to which they pleaded not guilty and claimed trial.