SHAMSHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Shamsher Singh was tried for contravening the provisions of clause 3 of the Punjab Paddy and Rice (Export and Import Control) Order, 1981 punishable under section 7 of the Essential Commodities Act by the Special Judge, Sangrur. He was held guilty and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/-. In default of payment of fine he was to further undergo rigorous imprisonment for two months. Aggrieved by this judgment dated May 23, 1986, Shamsher Singh filed the present appeal.

(2.) The prosecution case in brief was that on November 8, 1983 Sub-Inspector Mewa Singh of the Food and Civil Supplies Department was present at Rampura Ghanota Barrier, which separated Punjab and Haryana territories. Sub Inspector Jhanda Singh and some other police officials were also present there. Puran Singh Sub Inspector of the Food and Civil Supplies Department was joined and they held a picket on the road leading from Maniana to Tohana near the tubewell of Tej Partap Singh at a distance of 100 yards from the Haryana border. At about 8.00 A.M. two tractors each fitted with a trolly and a rehra driven by an Engine came from the side of Maniana in order to proceed towards Tohana. The rehra was being driven by Shamsher Singh accused-appellant and it contained paddy. The appellant and his companions were stopped and they were asked to produce permits to carry paddy to Haryana but they were not in possession of any permit. The paddy was unloaded and weighed, after the weights and scales were arranged and the paddy in the rehra was found to be 14 quintals, which was transferred into 20 gunny bags. The paddy in the tractor trolleys was also weighed, and seized separately vide different recovery memos. After the completion of investigation the appellant was tried and convicted as mentioned above.

(3.) In order to prove the allegations against the accused-appellant, the prosecution examined Mewa Singh P.W. I, who narrated the facts of the case in detail. Sub Inspector Puran Singh appeared as P.W. 3. and corroborated the version given by Mewa Singh and Inspector Jhanda Singh, who investigated the case appeared as P.W. 6. According to him place of picket was at a distance of 300 yards from the purchase centre, Maniana.