ANIL KUMAR GOYAL Vs. U.T.CHANDIGARH

JUDGEMENT

(1.) THE present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 12.01.2002, passed by the learned Special Judge, Chandigarh, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/ - under Section 7 of the Essential Commodities Act, 1955 and in default of payment of fine, to further undergo rigorous imprisonment for a period of one and a half month.

(2.) THE brief facts of the prosecution case are that on 30.10.1998 on receiving wireless message from police control room that Anil Kumar was caught by the Special Team headed by Rajiv Saxena, Sales Officer and others while selling kerosene oil in black in S.C.F. No.24, Sector -10, Chandigarh. On the basis of this information, Sub Inspector Puran Chand along with other police officials reached the spot. Rajiv Saxena, Sales Officer, K.K. Anand, Deputy Manager, Indian Oil Corporation, Rai Ajay Patti Ray, Deputy Manager etc. and Sh.Shiv Shambu Sharma, Inspector, Food and Supplies were present there. Anil Kumar accused was also there. Rajiv Saxena handed over complaint Ex.PA to the Sub -Inspector and stated that as per directions they were supposed to hold joint inspection regarding sale of kerosene oil by the whole seller and in order to confirm the product, their prices etc., they visited M/s Goel Store, fair price shop. Accused, who is son of Om Parkash, Proprietor of M/s Goel Store, was operating that store. Rajiv Saxena enquired from the accused about the availability of kerosene oil and he replied in the affirmative. Then he gave empty bottle for purchasing one litre kerosene oil. After it was filled, the same was returned by the accused. Then, Rajiv Saxena enquired from the accused about the price of the oil. Accused demanded Rs. 5/ - for one litre kerosene oil. Rajiv Saxena handed over currency note of Rs. 10/ - to the accused bearing notation "R ". Accused returned currency note of Rs. 5/ - to Rajiv Saxena. Immediately thereafter, other members of the Team, who were standing outside the shop, came inside where Rajiv Saxena was standing. Colour of the kerosene oil sold was blue, which was for public distribution system. Fair price of one litre kerosene oil was Rs. 2.93/ -. Information was given on telephone that the accused was selling kerosene oil in black. Information was also sent to the District Food & Supplies Officer. The record regarding stock etc. was checked. Ruqa was sent on the basis of which FIR was registered. Investigation was conducted by Sub -Inspector Puran Chand. Rajiv Saxena also sealed plastic bottle containing kerosene oil and one currency note of the denomination of Rs. 10/ - having initials and handed over the same to the Investigating Officer. The currency note of Rs. 5/ - was also produced by Rajiv Saxena, which was taken into police possession vide recovery memo. Authority letter was sent by the SHO to the Investigating Officer. Stock register and sale register were also taken into police possession. Statements of witnesses were recorded. Rough site plan was prepared. Accused was arrested. Case property was deposited in the malkhana. The case property was produced before SDM, Central, Chandgiarh for taking sample, which was taken in a nip. After necessary investigation, challan was presented against the accused -appellant.

(3.) IN support of its case, prosecution examined PW -1 Rajiv Saxena, Sales Officer, who deposed as per prosecution version. PW - 2 Deepak Midda, Junior Scientific Officer, CFSL proved his report Ex.PF. PW -3 Anil Khurana, Chief Manager, LPG proved letter Ex.PE. PW -4 Constable Ashwani Kumar, who deposited the sample sealed parcel with CFSL. PW -5 Rai Ajaypati Ray, Deputy Manager, who was member of the Special Team headed by Rajiv Saxena, deposed as prosecution version. PW -6 Inspector Bachan Singh deposed regarding handing over the copy of notification and rate list to Investigating Officer. Copy of notification is Ex.P6 and copy of order is Ex.P7. PW -7 Shiv Shambu Sharma, Inspector Food and Supplies also deposed as per prosecution version. PW -8 Head Constable Rajbir Singh, was Addl. MHC on 30.10.1998. PW -9 Constable Yash Pal deposed regarding scaled site plan. PW -10 Baldev Raj, Accountant, Food and Supplies department, deposed that Om Parkash was authorized to run the ration depot and proved the authority letter Ex.PF and copy of agreement with Om Parkash Proprietor Ex.PF/1. PW -11 Inspector, Jaswant Singh, Traffic Police, proved that he authorized SI Puran Chand to investigate the case. PW -12 SI Puran Chand is the Investigating Officer. He deposed regarding investigation conducted by him in the present case. PW -13 Sh.Parminder Singh Gill, DTO, Ropar (the then SDM, Central, Chandigarh) deposed regarding taking of sample in a nip from the case property.