SUBASH CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment of mine shall dispose of three appeals bearing Criminal Appeal Nos. 466-SB of 1996, 467-SB of 1996 and 468-SB of 1996 as all the three appeals arise out of the judgment dated 3.7.1996 passed by the Special Judge, Rup Nagar vide which the appellants have been convicted under Section 7 of the Essential Commodities Act (hereinafter called 'the Act') and sentenced to undergo imprisonment for 6 months and to pay of Rs. 500/- each and in default of payment of fine to undergo rigorous imprisonment for one month each.

(2.) THE case of the prosecution is that on 30.8.1991 Assistant Food and Supplies Officer Kuldip Singh checked the shops of the appellants. It was found that the appellants have not displaced rate lists at their shops and have violated the provisions of Punjab Commodities Prices Marketing and Display Order of 1972 (hereinafter referred to as 'Order'). A complaint under Section 7 of the Act was registered. After completion of the investigation, challan was presented before the Special Court, Rupnagar.

(3.) WHEN the appellants were examined under Section 313 Cr.P.C. to explain the incriminating circumstances appearing in the prosecution evidence, they denied simplicitor and pleaded false implication. The appellants were called to lead evidence in their defence. They have examined Rattan Singh as DW-1, and Sucha Singh as DW-2. They both stated in their defence evidence that they had seen the rate lists placed at their shops.