KARTAR SINGH & ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge in this appeal preferred by appellants-convicts Kartar Singh son of Sulakhan Singh & Bohar Singh son of Sadha Singh (for brevity "the appellants"), is to the impugned judgment of conviction and order of sentence dated 6.10.2001, by virtue of which, they were convicted and sentenced to undergo rigorous imprisonment (for short "RI") for a period of one year, to pay a fine of Rs. 2000/- each and in default thereof to further undergo RI for a period of one month each for contravention of the provisions of The Fertilizer (Control) Order, 1985, punishable under section 7 of the Essential Commodities Act, 1955 (hereinafter to be referred as "the relevant Order & the EC Act" respectively) by the Special Judge.

(2.) The matrix of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that the appellants were running the business of commission agent and were owners/partners of M/s Sidhara Trading Company, Mallanwala, District Ferozepur. On 18.5.1994 at about 3.30 P.M., a raiding party headed by complainant Harminder Singh (PW4), Fertilizer & Insecticide Inspector, consisted of Gurdial Singh (PW8) Agricultural Inspector, Amardeep Singh SI & Surjit Singh Assistant Project Officer had raided the shop/premises and go-down of the appellants. In pursuance of search of shop & go-down, 19 bags of Killophose, each weighing 25 Kg. an insecticide bearing four different batch numbers were recovered. On inquiry, the appellants failed to produce any permit or licence for stocking or selling the recovered commodities. The four samples were separately taken and sealed with the seal, bearing impression 'FI-AGR' ZIRA. The insecticides in question were taken into possession, vide recovery memo (Ex.P9). PW4 sent the complaint (Ex.P10) to the police, on the basis of which, the formal FIR (Ex.P16) was registered against the appellants on the same day. He also suspected that a large quantity of fertilizer and insecticides was also lying in the go-downs adjoining to their shops. He sealed the go-downs and sent intimation to SDO (c) -cum-SDM, Zira in this regard.

(3.) The case of the prosecution further proceeds that on 27.5.1994, Harminder Singh (PW4), Nazar Singh SI (PW10), Surjit Singh Assistant Project Officer (APO), Gurdial Singh ADO (PW8), Amarjit Singh Agricultural Sub Inspector (ASI) & Harjinder Singh (PW7) Naib Tehsildar-cum-Executive Magistrate, who was so deputed by the SDM, vide order (Ex.P12), reached and opened the go-downs/shops of the appellants. In the wake of the search, 233 bags of urea MO-1 to MO-233, each weighing 50 Kg.; 6 bags of zink sulphate, MO-234 to MO-239, each weighing about 10 Kg.; 54 packets of Agro Bahar Spray MO-240 to MO- 293, each weighing 500 grams were recovered from go-down-shop No.1, whereas 284 bags of super phosphate MO-294 to MO-577, each weighing about 50 Kg.; 1 bag of DAP, MO-578, weighing about 45 Kg. were recovered from go-down/shop No.2 and similarly 23 bottles, MO- 579 to MO-601, each containing 500 Mls. of Jyotimin; 10 bottles MO- 602 to MO-611, each containing one litre of Jyotimin and 99 packets, MO-612 to MO-710, each containing 5 Kg. of Foratax Hilet (which was also expired by September, 1993) were recovered from go-down/shop No.3. Out of the indicated recovered insecticides, sale of Agro Bahar Spray as well as Jyotimin was banned by the Government, whereas 99 packets of Foratax Hilet were already expired by September, 1993. The appellants had failed to produce any permit or licence for stocking and selling or otherwise dealing with the fertilizer and insecticides. PW4 separated the samples from each recovered fertilizer & insecticides and sealed in separate parcels. Thereafter, the same were taken into possession, vide seizure memo (P13), which was duly attested by the other witnesses. The Insecticide Testing Laboratory, vide its report (Ex.P19) found and declared that the samples did not conform to I-S specification. The samples of fertilizer seized from the appellants were also sent to the Analytical Chemist, Fertilizer Quality Control Laboratory, Punjab, who also furnished his reports (Ex.P20 to P23). The statements of the witnesses were recorded.