RAJ PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present criminal appeal has been filed by the appellant Raj Pal against judgment of conviction and order of sentence dated 18.04.2003 passed by learned Special Judge, Amritsar, whereby the appellant has been convicted for an offence punishable under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 2000/-. In default, to undergo further R.I. for six months.

(2.) The brief facts of the prosecution case are that on 13.12.1995, SI/SHO Harjinder Singh along with other police officials was present at Chowk Gate Hakiman, Amritsar for petrolling where Satpal Joshi, AFSO along with Anup Sharma, Inspector, Food and Supplies met him and informed that they had a secret information that Rajpal-appellant deals in selling spurious diesel and petrol at his shop/godown at Angarh. Balwinder Singh @ Billa was pointed as a witness and was made a bogus punter.

(3.) Satpal Joshi gave him three currency notes of the denomination of Rs.50/- each after putting his initials thereon. Said Balwinder Singh was directed to purchase the petrol and diesel. Two empty 'canis' were also supplied to him. Inspector Anup Sharma was sent as a shadow witness. Balwinder Singh as directed purchased 5 litres of petrol @ Rs.15/- per litre and 10 litres diesel @ Rs.15/- per litre from the amount which was handed over to him. On receipt of signal, a raid was conducted at the shop of Rajpal accused and eight drums of diesel containing 150 litres each and four drums of petrol containing 125 litres each were recovered. From personal search of the accused, Rs. 410/- were recovered which included above mentioned currency notes. Since the appellant could not furnish any explanation for it, he was booked in the present case. After completion of the entire investigation, the appellant was challaned to face trial. On appreciation of the entire evidence, the learned Special Judge, Amritsar, convicted and sentenced him as stated above. Hence, this appeal.