STATE OF HARYANA Vs. RAM NIWAS

JUDGEMENT

(1.) STATE of Haryana has filed the present revision petition against the impugned order dated 4.8.1994 passed by the Special Judge, Panipat, whereby Ram Niwas respondent had been discharged.

(2.) A case bearing FIR No. 561 dated 10.10.1993 was registered against the respondent under Section 7 of the Essential Commodities Act for selling 5 litres of kerosene oil in black market and also keeping in his possession 80 litres of kerosene oil without any permit or licence in the area of Panipat. On 10.10.1993, ASI Ranjit Kumar received a secret information to the effect that the present respondent is selling kerosene oil in his factory known as Kamal Fabrics situated at Sanoli Road, Panipat. He immediately constituted a reading party consisting of Subhash Chander Inspector, Civil Supplies, Panipat, Ramesh Kumar, Subhash Chander son of Hazari Lal and other police officials. In fact, Subhash Chander son of Hazari Lal was made a bogus punter in this case. He was given three initialled currency notes of Rs. 10/- each and was directed to visit the premises of the respondent and to purchase kerosene oil from him. He was given further directions to signal the police party so that the respondent could be apprehended while selling the kerosene oil. It was done in the same manner and ultimately the respondent was apprehended along with kerosene oil. The initialled currency notes were also recovered from him along with other amount which he was having with him.

(3.) I have heard learned Mr. Bijender Dhankar, learned Assistant Advocate General, Haryana and Mr. R.M. Singh, learned counsel for the respondent at length. I have also gone through the entire record.