MAYA RAM AND SONS Vs. STATE OF HARYANA

JUDGEMENT

(1.) SURESH Kumar Son of Maya Ram who is the proprietor of M/s Maya Ram & Sons stands convicted by learned Presiding Officer, Special Court, Hissar under Section 7 of Essential Commodities Act, 1955 (for short the Act) and has been sentenced to undergo RI for a period of nine months and to pay a fine of Rs. 2000/-, in default of payment of fine to further undergo RI for three months. The firm was also sentenced to pay a fine of Rs. 2000/-. (sic) Supply (PW1) alongwith Mannu Ram Sharma, Assistant Food & Civil Supply Officer (PW5) went to the shop of the appellant located in Anaj Mandi, Hissar. At that time brother of the appellant was present at the shop and the appellant was not there. The case of the prosecution further is that the brother of the appellant had not produced any licence required under the Haryana Food Articles (Licensing and Price Control) Order, 1985 and as such had committed as offence punishable under section 7 of the Act. Intimation Ex. PA was sent to the concerned police station on the basis of which formal FIR Ex. PA/1 was recorded by Ishwar Singh Inspector/SHO, Police Station City Hissar (PW7). Other formalities were also done in the present case and consequently the appellant was challaned. He was charged under Section 7 of the Act.

(2.) THE prosecution in support of its case had examined Singh Ram Dahiya, Inspector, Food and Civil Supply PW1, Ram Niwas, Secretary, Municipal, Committee, Hissar PW2, ASI Devinder Kumar PW3, Bhagwan Dass PW4, Mannu Ram Sharma AFSO PW5, Kishore Kumar PW6 and Ishwar Singh, District Inspector PW7.

(3.) ON appreciation of the entire evidence, the learned Presiding Officer, Special Court convicted and sentenced the appellant as stated above. Hence, this appeal.