RAGHBIR CHAND AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Three appellants have impugned their convicted under Section 9(B) of the Explosive Act, 1884, for which they have been sentenced to undergo rigorous imprisonment for two years and fine of Rs.500/- each. In default of payment of fine, they were further to undergo RI for one month.

(2.) On 7.3.1990, Sub Inspector Ashok Puri received a secret information that appellant, Raghbir Chand and Jeevan Lal, in connivance with appellant Sukhdev Singh (driver) and Cleaner, Ishwer Dial were steeling liquified petroleum gas from Tanker No.URR-1032 and filling the same into cylinders. Allegation further was that this was being done to sell the cylinders unauthorisedly. The information also was that in case raid is conducted, then the appellants can be caught red handed alongwith the apparatus for filling the gas cylinders. Believing this information to be correct and finding this to be revealing offences, the police officer raided the premises of Cheema Petrol Pump, Mandi Gobindgarh, where this process of filling gas cylinder was being carried out. The police officer, thus, apprehended the appellants, while they were filling the gas cylinders from the tanker referred to above. The appellants had allegedly filled 14 gas cylinders and were in the process of filling 15 th cylinder, when the police party raided the place. The Investigating Officer disconnected the apparatus and took the cylinder as well as the apparatus and the tanker in question in possession. Necessary documents, like, search memo, site plan etc. were prepared, besides recording the statements of witnesses. The Investigating Officer also got weighed the gas tanker. On completion of investigation, he finally submitted a challan against the appellants, who were charge sheeted and finally convicted and sentenced as already noticed.

(3.) Learned counsel for the appellants submits that the incident is of the year 1990. The trial, after investigation, was held and conviction recorded in the year 2000. They have faced the trial for nearly 8 years as the challan was presented in the year 1992.