NIRANJAN DASS Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants, who was convicted and sentenced under section 7 of the Essential Commodities Act by Special Judge, Amritsar, has challenged the same in this appeal.

(2.) THE prosecution story, briefly put, is that on October 18, 1983, a raid was carried out at Basarke Mandi, to check the stocks of wheat dealers and commission agents. A raid was carried out at the premises of the accused. He runs a kiryana shop in a part of his house; 42 bags of wheat each weighing one quintal were recovered and recovery memo Ex. P.B. was prepared. Wheat was handed over to Shri Gurdip singh, Sarpanch, on superdari vide sapurdari-memo Ex. PC. In the stock register, the accused had shown as Nil stock for October, 18, 1983. Letter, Ex. PE, was sent to the police station for registration of the case. A show cause notice was also given to the accused, who filed reply, Ex. PF.

(3.) IT is not disputed that a raid was carried out by the officials of the Food and Civil Supplies Department and that 42 bags of wheat were recovered from the possession of the accused. It is also not disputed that accused appellant does not hold the licence under the Licensing Order, 1982, but is only a Commission Agent. The prosecution version is that the accused-appellant had not shown 42 bags of wheat in the stock-register and he was not competent to keep so much bags of wheat in his possession without a valid licence. They accused admits his signatures on Ex. PA, but explained that it was taken under coercion.