MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has been convicted and sentenced by the Judge, Special Court, Karnal under Section 7 of the Essential Commodities Act (hereinafter called the Act) to under go rigorous imprisonment for 6 months and to pay fine of Rs. 1,000/- and in default of payment of fine to undergo further imprisonment for 2 months.

(2.) The prosecution story is that on 14.1.1988 Amir Singh son of Banwari Lal was in need of kerosene oil in order to prepare some eatables for his wife who had given birth to a son. He went to the shop of the appellant which is near Amar Bhawan crossing, Panipat in search of kerosene oil. The appellant sold 5 liters of kerosene oil @ Rs. 18/- whereas its control rate was Rs.12.50 for 5 liters. Amir Singh supplied the information to ASI Zile Singh who was on patrol duty on the Sahuli Road that the appellant was selling kerosene oil at a higher price. ASI Zile Singh constituted raiding party and he raided the shop of the appellant at about 7.30 P.M. The case against the appellant was registered. After completion of the investigation, challan was presented before the Judge, Special Court, Karnal, the appellant was charge-sheeted under section 7 of the Act read with section 420 IPC. After trial, the appellant was convicted and sentenced as stated in the first paragraph of the judgment.

(3.) Ms. Ashima Mahindroo, learned counsel for the appellant raised the sole contention in this case. She submitted that the proceedings in this case have been vitiated as the investigation in this case was done by ASI who was not competent to investigate the case.