RAGHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant - Ragbir Singh filed present appeal challenging judgment of conviction and order of sentence dtd. 18/7/2005, passed by learned Special Judge, Hoshiarpur, in E.C. Complaint No. 16 of 3/5/1996, recording conviction under Sec. 7(1)(a)(ii) of the Essential Commodities Act, 1955 (for short, 'the Act'), for violating the provisions contained in Clause 19(1)(a) of the Fertilizer Control Order, 1985 (for short, 'Control Order'), issued under Sec. 3 of the Act. Appellant was sentenced as under:-

(2.) Co-accused of the appellant, namely, Gurdip Singh Chahal (respondent No. 2), who allegedly was Shift Incharge of M/s Agro Chem. Punjab Limited, Village Singhpura, District Patiala, and responsible for compliance of Clause 24 of the Control Order, and Kewal Singh Dhillon (respondent No. 3), who was Managing Director of M/s Agro Chem. Punjab Limited, Village Singhpura, District Patiala, were acquitted, giving them benefit of doubt. Thus, the appellant was the sole convict in the present case, who was Dealer and the sole proprietor of the said firm.

(3.) Facts giving rise to filing of complaint, as noticed from paragraph Nos. 2 and 3 of the judgment of Trial Court, says as under:-