STATE OF HARYANA Vs. SHAM SUNDER

JUDGEMENT

(1.) ON 27.9.1986 when admittedly, the accused who is the proprietor of M/s. Mittal Gas Service, Hissar, was not present at his shop in question, Shri Tarlochan Singh, District Food and Supply Controller(PW 1) in the Company of Shri K.C. Arora Inspector (PW 2) inspected the shop and following defects were found in the working of the Gas Agency :-

(2.) THE aforesaid defects were noticed by the raiding party headed by Shri Tarlochan Singh(PW 1) in terms of the instructions dated 24.5.1986 issued by District Magistrate, Hissar and copy of the said order is Ext. PE on record. In view of the instructions Ext. PE, it was alleged that the accused committed violation of condition Nos. 5, 7 and 13 issued by the District Magistrate under clause 5 of the Haryana Commodity Price Market and Display Order, 1975 read with Haryana Commodity Price Marketing Display (Ist amendment) Order, 1981 and punishable under Section 7 of the Essential Commodities Act, 1955. Formal FIR Ext. PB/1 was recorded with the local Police Station on receipt of the report (Ext PB) sent by Inspector K.C. Arora (PW 2). After taking into possession all the relevant record of the Agency and investigation of the case by way of collecting incriminating evidence against the accused, challan was presented in the Court against the accused. After recording that a prima facie case under section 7 of the Essential Commodities Act had been made out against the accused, the trial Court issued a notice conveying the substance of the accusation. The accused denied the prosecution allegations and pleading not guilty, claimed trial.

(3.) AFTER appreciating the ocular version of the prosecution witnesses and other documentary evidence on record in the shape of relevant instructions referred to above, the trial Court disbelieved the prosecution version and acquitted the accused.