SHAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by the accused challenging the judgment and order dated 23/25-4-1988, passed by the Special Judge (under Essential Commodities), Jind, convicting the accused- appellant under S. 7 of the Essential Commodities Act, 1955 for having contravened the provisions of Fertilizer (Control) Order, 1985 and sentencing him to undergo R1 for two years and to pay fine of Rs. 500/- and in default of payment of fine to undergo further RI for three months.

(2.) The FIR Ex. PA/4 in this case was registered by the police on 4-7-1986 on the basis of a letter dated 3-7-1986 Ex. PA written by Deputy Director, Agriculture, Jind. In the said letter it was written by the Deputy Director, Agriculture that on 10-5-1986, a sample of DAP fertilizer 18:46, was taken from the Co-operative Credit and Service Society Ltd., Rajpura, which fertilizer was manufactured by IFFCO. It was further alleged that the said sample was sent to the Analytical Chemist, Karnal for analysis and on analysis it was found that the same was sub-standard, inasmuch as the fertilizer was having 15:17:5 instead of 18:46 and appeared to be adulterated. It was further alleged that on 10-6-1986, the remaining 120 bags of fertilizer lying in the godown were sealed because fertilizer was an essential commodity. It was prayed that a case be registered against the Secretary of the Co-operative Credit and Service Society, Rajpura under Cl. 19-C of the Fertilizer (Control) Order, 1985 and S. 7 of the Essential Commodities Act, 1955. After registration of the aforesaid FIR, on the basis of the aforesaid letter, the case was investigated by the police. Accused-appellant Sham Lal (Secretary of the Society) was arrested and after completion of the investigation challan was submitted in the Court. The accused was charged under S. 7 of the Essential Commodities Act. 1955, to which charge he pleaded not guilty and claimed to be tried. Prosecution examined its evidence. Thereafter, the statement of accused under S. 313, Cr. P.C., was recorded in which he denied the prosecution allegations against him and stated that he was innocent and had been falsely implicated in this case. He admitted that he was Secretary of the Co-operative Society which used to sell fertilizers to the agriculturists. He stated that the villagers had complained to him that the fertilizer was sub-standard and he had brought this fact to the notice of Satbir Singh, A.D.O. In his defence, he examined D.W. 1 Fateh Singh and D.W. 2 Satbir Singh, Agricultural Development Officer (A.D.O.). After hearing both sides and after perusing the record, the learned Special Judge convicted and sentenced the accused-appellant as stated above vide judgment and order dated 23/ 25-4-1988. Aggrieved against the same, accused-appellant filed present appeal in this Court.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.