MOHD ARSHAD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Case is taken up for hearing through video conferencing.

(2.) The petitioner has preferred this petition being aggrieved of the judgment dated 01.04.2021 passed by Additional Sessions Judge, Sangrur, vide which the appeal filed by him, challenging the judgment of conviction and order of sentence dated 19.02.2018 passed by the Judicial Magistrate, 1st Class, Malerkotla, in case FIR No.20 dated 19.02.2014, under Section 7 of Essential Commodities Act and Section 420 IPC, registered at Police Station City-I, Malerkotla, was dismissed.

(3.) The brief facts of the present case are that on 19.02.2014, application bearing No.78 Dasti PS City-I, Malerkotla, was received from Food Supply Officer, Malerkotla, for registration of criminal case against Mohd. Arshad son of Mohd. Sadiq, owner of Arshad Repair Center, Qila Rehmatgarh, Malerkotla. Acting on a tip-off that Arshad had been selling small size of gas cylinder in black after transferring the gas, a raid was conducted at the shop of Arshad where he had been found transferring the gas from big cylinder to small size cylinder . Eight cylinders filled with gas of 14 k.g. weight, 4 empty cylinders and the tools used for transferring the gas, had also been recovered. The accused was arrested. After completion of investigation and other formalities, challan was presented against the accused under the aforesaid sections.