SIRI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) S . Ram appellant was found guilty by the learned Special Judge, Ludhiana on a charge punishable under Section 7 read with Section 3 of the Essent all Commodities Act for violation of the provisions of Punjab Light Diesel Oil and Kerosene Dealers Licensing Order, 1978 and Kerosene (Fixation of Ceiling Prices) Order, 1970 vide order dated 29.3.1986 and awarded two years RI and fine of Rs. 2000/- or in default of payment thereof, to further suffer six months RI vide order dated 29-4-1986. Feeling aggrieved against the above referred orders of conviction and sentence, he has come up in appeal.

(2.) IN brief, the facts of the prosecution case are that on 21-11-1984 ASI Sant Kumar then posted at CIA Staff, Ludhiana alongwith Darshan Singh, Sadhu Singh and Major Singh Constables. was present at Gill Chowk, Ludhiana in connection with investigation of a case registered vide FIR. No. 110 of 1984 under Sections. 457/380 IPC at Police Station Focal Point, Ludhiana. Tarsem, Lal PW was also with the police party. The ASI received a secret information to the effect that Siri Ram accused was selling kerosene oil in black at the rate of Rs. 5/- per liter as against the control rate of Rs. 2.30 Ps. at the back of ATI Chowk, Ludhiana. Taking this information to be credible, AST Sant Kumar sent intimation Ex. PB through Constable Sadhu Singh. to Police Station Division No. 6, Ludhiana on the basis of which formal FIR Ex., PB/1 was recorded by ASI Kishan Chand at 5.13 PM for offence under Section 7 of the Essential Commodities Act. Thereafter, this police officer paid Rs. 200/- i.e. two currency notes of the denomination of Rs. 1OO/- each to Tarsem Lal besides handing over container Ex. P3 and prepared memo Ex. PA. Tarsem Lal was instructed to approach Siri Ram and purchase kerosene oil with the aforesaid amount. He was instructed to give signal by touching his head after the purchase of oil. Major Singh Constable in civilian clothes was deputed as a shadow witness and to give signal to the police party after the purchase of the kerosene oil. The police party then proceeded to the spot. Tarsem Lal PW1 approached the accused apprised himself that the rate of kerosene oil was Rs. 5/- per litre. This witness then told the accused that the actual rate of kerosene oil was Rs. 2.30 paise per litre and as to why he was demanding higher price. The accused then retorted that Tarsem Lal may or may not purchase oil but he will sell it at the said rate. The accused then sold 40 litres of kerosene oil for Rs. 200/- to Tarsem Lal, PW. Tarsam Lal handed over the currency notes Ex P1 to Ex. P2 and the can Ex. P3 was filled by the accused with 40 litres of kerosene oil. Tarsem Lal then gave the appointed signal by touching his head. Constable Major Singh, who was present at distance of 4/5 karams from them also gave signal to the rest of the police Party, which was waiting near the corner of street. AST Sant Kumar and other police officials then rushed to the spot and arrested the accused. The currency notes Ex. P1 and Ex. P2 were recovered from the personal search of the accused besides another amount of Rs. 100/-. Two drums containing kerosene oil were also found lying at the shop. Seven empty drums were also lying in the street. All these drums alongwith measure Ex P5, the funnel Ex P6 and another measure Ex. P7 etc were taken into possession. The canny Ex. P3 containing 40 Litres of kerosene oil was also taken into possession after sealing it. After completion of investigation, the accused was arraigned for trial on such like allegations by submitting challan before the special Judge appointed under the provisions of Essential Commodities Act.

(3.) IN order to prove its above referred case before the trial Court, the prosecution examined Tarsem Lal, PW1. Constable Major Singh PW2, ASI Sant Kumar PW3 and Darshan Singh PW4, Junior Auditor, of the office of District Food and Supplies Controller, Ludhiana.