VIKASH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) Assailing the prosecution version and its evidence in entirety, appellant-convict Vikash son of Nanak Chand (for brevity "the appellant") has preferred the instant appeal to challenge the impugned judgment of conviction dated 17.4.2001 and order of sentence dated 18.4.2001, by virtue of which, he was convicted and sentenced to undergo rigorous imprisonment for a period of one year, to pay a fine of Rs. 1000/- and in default thereof to further undergo RI for a period of one month 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 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 present appeal and emanating from the record, as claimed by the prosecution, is that on 11.8.1999, as soon as, a police party headed by SI/SHO Randhir Singh (PW5) was present at Bus-Stand, Sohna in connection with patrol duty, in the meantime, he received a secret information to the effect that the appellant was running his business of selling suit cases in the main bazar. He used to illegally keep and sell the LPG cylinders in black market as well at his shop. It was also told that he used to transfer the gas from big cylinder to small cylinder and to sell for Rs. 300/- each. Consequently, PW5 prepared and sent a writing (ruqqa) (Ex.PC) to the police station. Inspector R.P.Yadav Food & Supplies (PW3) was stated to have been called by him. The shop of the appellant was raided and 11 LPG cylinders were found, out of which, five were full with gas and six were empty cylinders. The cylinders were taken into possession, vide recovery memo (Ex.PA). He could not produce any permit or licence for possessing the LPG cylinders.

(3.) Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that on 11.8.1999, the appellant was found in possession of five full and six empty cylinders without any permit or licence. In the background of these allegations and in the wake of writing (ruqqa) (Ex.PC), a criminal case was registered against the appellant, vide FIR No.266 dated 11.8.1999 (Ex.PD), for the contravention of the provisions of Clause 6 (1)(c) of the Liquified Petroleum Gas (Regulation of Supply and Distribution) Order, 1993 (for short "the relevant Order") punishable u/s 7 of the E.C.Act by the police of Police Station Sohna, District Gurgaon in the manner depicted here-in- above.