JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JOGINDER Singh appellant was held guilty of the charge punishable under Section 7 of the Essential Commodities Act read with Clause 3 (1) of the Inter-Zonal Wheat and Wheat Products (Movement Control) Order, 1964 by the learned Addl. Sessions Judge, Sangrur exercising the powers of the Special Judge under the provisions of Essential Commodities Act and awarded sentence of two years' R. I. and fine of Rs. 500/- or in default of payment thereof, to further suffer three months' R. I. The wheat was ordered to be confiscated to the State. Feeling aggrieved against the said orders of conviction and sentence, the accused has come up in appeal.

(2.) IN brief the facts of the prosecution case are that on 11th October, 1982, Kashmira Singh Sub-Inspector of Food and Civil Supplies Department posted at Chural Kalan barrier on the boundary of the States of Punjab and Haryana intercepted with the help of Constable Kulwant Singh, a tractor trolly carrying wheat towards the barrier. Hardial Singh accused (since acquitted) was driving the tractor while Joginder Singh appellant was sitting by the side of the driver. The trolly was loaded with loose wheat besides with 12 small bags of wheat. The accused failed to produce any permit for exporting the wheat out of Punjab. Kashmira Singh Sub-Inspector then sent intimation Ex. PA at 7 p. m. to the police of Police Station, Munak through Constable Kulwant Singh on the basis of which formal F. I. R. Ex. PA/1 was recorded at the police station at 7. 30 p. m. on that day. A case under Section 7 of the Essential Commodities Act was registered against the accused. ASI Balwant Singh along with other police officials then arrived at the spot. The wheat on weighment came to 30 quintals. The tractor trolly and the wheat were taken in possession vide memo Ex. PB. He also prepared rough site plan Ex. PC of the spot and arrested the accused. The statements of the witnesses were recorded.

(3.) AFTER completion of investigation, the accused was arraigned for trial on such like allegations.