KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KULDIP Singh and Santa Singh, two appellants, have challenged their conviction and sentence of six months' rigorous imprisonment and a fine of Rs. 500 each, in default further three months' rigorous imprisonment, under section 7 of the Essential Commodities Act recorded by the Special Judge Ropar vide his order dated 6th October, 1983.

(2.) ON the night between 4th and 5th November, 1982, both the appellants were apprehended by P.W. Baljinder Singh Inspector of Food and Supplies, Head Constable Ram Sarup other officials. The appellants were carrying 140 quintals and 50 killograms of rice in 144 bags in truck No. PUR. 6265. Kuldip Singh appellant was driving the truck while Santa Singh appellant was sitting by his side. The appellants were carrying the rice on a permit valid to carrying 100 quintals of rice. The bags of rice were taken into possession vide memo Exhibit P.B. Both the appellants -were arrested and formal first information report Exhibit P E. was recorded at Police Station, Kharar, on 5th November, 1982, at 230 A.M. Since vide notification No. GSR -92/GA/55/S -3/81, dated 22nd October, 1981, rice was declared as an essential commodity and the movement of the same outside Punjab from the State of Punjab was 84 an offence, the appellants were challaned and of convicted as stated above.