STATE Vs. KULDEEP SINGH

JUDGEMENT

(1.) The challenge in this appeal by the appellant-State of Punjab is to the impugned judgment of acquittal dated 7.1.2000, by virtue of which, the respondents-accused were acquitted of the charge framed against them for the commission of an offence punishable under section 7 of the Essential Commodities Act, 1955 (hereinafter to be referred as "the E.C.Act") by the trial (Special) Judge.

(2.) The epitome 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, is that on 24.7.1993, as soon as, a police party headed by Inspector Inder Singh (PW4) was present at Cheema Chowk, Ludhiana, in the meantime, Surinder Singh Sodhi, DFSO, Sham Lal Goel AFSO (PW3), Food & Supply Inspectors Dilraj Singh, Jagan Lal Bansal, Ramesh Gupta and MH Khan Senior Sales Officer of Bhartia Petrol Corporation had reached there as well. A secret information was received by PW4 that the respondents-accused used to sell kerosene in black market in the back side of yard of Hosiery in the plot, bearing No.C-11, situated in Industrial Area, Ludhiana and in case a raid was conducted, they could be apprehended red handed along with kerosene.

(3.) The case of the prosecution further proceeds that in the wake of raid of the indicated place by the raiding party of police and Food & Supplies Officers, one tanker, bearing No.DHG-4174 was found standing there containing 12000 litres of kerosene in three chambers. The samples were taken and sample bottles were sealed with the seal of 'SS' & specimen impression of the seal was also prepared. The tanker containing kerosene and bottles of samples were taken into possession vide recovery memos (Ex.PW3/A & Ex.PW3/B). The sample of furious furnace oil contained in another tanker buried under the ground was also stated to have been taken and sealed with the seal of SS. Six empty drums, two empty pipes, measures of five/two litres, ration card (Ex.P1) & telephone bill (Ex.P2) were also taken into possession by different recovery memos. The statements of witnesses were recorded and other formalities were completed at the spot by the Investigating Officer. Subsequently, the accused persons were formally arrested on 18.8.1993 by the police.