ABDUL RASHID Vs. STATE OF HARYANA

JUDGEMENT

(1.) The pith and substance of the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of the instant appeal and emanating from the record, as claimed by the prosecution, are that on 20.4.2000, a police party headed by SI/SHO Babu Lal (PW5) was present in Police Post, Bichore. A secret information was received to the effect that appellant-convicts Abdul Rashid son of Kamrudeen and Yunus (since deceased) son of Noor Mohd. (for brevity "the appellants") were indulging in illegal trade of kerosene. Even on that day, they would carry kerosene drums for sale in TATA 407 vehicle, bearing registration No.HR-38-C-8035 from village Naveda and would go to village Kossi in Uttar Pradesh. If the raid is conducted, then, they could be apprehended red handed. Treating the information as reliable, C.Jai Singh was sent to bring an Inspector of Food & Supplies Department from Punhana. A raiding party was constituted. Inspector, Food & Supplies Department Jagdish Chander (PW4) had also reached there and was associated with the raiding party. In the meantime, a blue coloured TATA 407 vehicle came from the side of village Nai and was stopped there. Appellant Yunus was driving it, whereas appellant Abdul Rashid was seated by his side. In the wake of checking, 12 drums of the capacity of 220 litres (Ex.P1 to Ex.P12) of kerosene were recovered from their possession. Two bottles of kerosene were drawn as sample from each drum and sealed with the seal 'MS'. The drums of remaining kerosene were also separately sealed. The samples and the drums were taken into possession, vide recovery memo (Ex.PD) attested by the witnesses. The writing (ruqqa) (Ex.PA) was sent to the police station by SHO Babu Lal (PW5), on the basis of which, the formal FIR (Ex.PB) was registered by ASI Sabha Ram (PW1).

(2.) Leveling a variety of allegations and narrating the sequence of events, in all, according to the prosecution that 12 drums of kerosene were recovered from the possession of the appellants without any permit or licence. Thus, they have contravened the provisions of The Haryana Kerosene dealers Licensing Order, 1976 (for short "relevant Order") and have committed an offence punishable under section 7 of the Essential Commodities Act, 1955 (hereinafter to be referred as "the E.C.Act"). In the background of these allegations and on the basis of writing (ruqqa) (Ex.PA), a criminal case was registered against the appellants, by virtue of FIR No.90 dated 20.4.2000 (Ex.PB), on accusation of having committed an offence punishable u/s 7 of the E.C.Act by the police of Police Station Punhana, District Gurgaon in the manner depicted here-inabove.

(3.) After completion of the investigation, the final police report (challan) was submitted by the police against them to face the trial for the pointed offence.