ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Anil Kumar-accused-appellant has directed the present appeal against the judgment dated 10.11.2001 and order dated 13.11.2001 passed by Shri Hari Paran Singh, learned Special Judge, Panipat vide which the appellant-Anil Kumar stood convicted under Section 7 of the Essential Commodities Act (in short--the Act) and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months whereas acquitted accused Pardeep Kumar from the charges levelled against him.

(2.) The prosecution case in brief is that accused Anil, Depot Holder on 11.1.1994 was allegedly selling kerosene oil in black and according to that secret information that he was carrying some kerosene oil in a Matador bearing registration No. DED-5765 and could be apprehended. Therefore a naka was put by A.S.I. Hari Singh, In charge Police Post, Matlaudha. The other police officials namely Chander Singh H.C., Prem Singh H.C., Constable Ravi Singh and Constable Rattan Singh and Tara Singh Inspector Food and Supply Department were also with him and when the said matador was noticed, it was stopped at Railway Phatak Safidon Matlaudha Road. Accused Anil managed to slip whereas the matador was found to be driven by accused Pardeep and on search five drums of kerosene oil were found carried by that matador. The said drums were fully filled with the kerosene oil and three bottles were taken as 'l sample from each drum and separately scaled with the seal HS. The drums, samples and matador were taken into possession. Seal after use was handed over to Tara Singh Inspector, Food and Supplies. Accused Pardeep could not produce any permit or licence for retaining the kerosene oil and he told that it belonged to Anil accused. FIR under Sections 7/10/55 of Essential Commodities Act was registered against the accused. Statements of the witnesses were recorded. Accused Pardeep was arrested at the spot whereas accused Anil was also arrested on 27.1.1994 but was released in view of anticipatory bail. After completion of the necessary investigation, challan against the accused was presented in the Court for trial of the accused.

(3.) On appearance of the accused, copies of documents relied upon by the prosecution were supplied to the accused free of costs. Notice of accusation under Section 7 of the Act was served upon the accused, to which the accused pleaded not guilty and claimed trial.