RATTAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) RATTAN Lal son of Ram Sarup has been convicted under Section 7 of the Essential Commodities Act by the Presiding Officer of the Special Court, Karnal on 26.4.1986 and sentenced to undergo R.I. for 3 months and to pay a fine of Rs. 2,000/ -. In default of payment of fine he was required to undergo R.I. for a period of 2 months. Aggrieved against it, the present appeal has been attempted.

(2.) BRIEFLY , the story of the prosecution is that on 22.11.1985, Shri Ramesh Chander, Cane Development Officer, Panipat, along with the witnesses, went to the Power Crusher of the accused, installed in the area of village Garhi Behsak, and found him manufacturing Gur. The accused did not possess nor could show any licence. A ruqa Ex. PA was sent by the complainant to Police Station, Sadar, Panipat, where an FIR was recorded on 5.12.1985. Shri Niranjan Singh ASI reached the premises of the accused and took into possession the power crusher together with its components. About 20 quintals of sugarcane, weights and measures, etc. were also taken into possession. The sign board of M/s. Kashyap Khandsari Udyog was also taken into possession together with the cash book vide memo Ex. PC/2. It was in violation of Section 4 of the Essential Commodities Act, 1955.

(3.) THE learned Counsel for the appellant has argued that any part of the Gur manufactured, was not taken into possession nor brought to the Police Station. The statement of PW -1 Shri S.P. Verma, Assistant Cane Development Officer, Panipat, recorded in the trial Court, has been referred to and he has specifically said that Rattan Lal was manufacturing Gur, at his Power Crusher known as K/s. Kashyap Khandsari Udgog. He has also deposed that the Manager of the Bank was also present with them and the accused had obtained loan for setting up the aforesaid unit. This has been further corroborated by PW -3 Shri Niranjan Singh ASI, who has deposed that Kohlu of the accused was taken into possession together with sugarcane, weights and measures. The Karahas and the Khoi were also lying there but not taken into possession. The occurrence in question of manufacturing Gur without a licence too place and was found on 2.12.1985 and it was in violation of the Notification issued on 29.11.1985. The date of Notification is not disputed here as well.