KANSHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by Kanshi Ram, a depot holder of Karnoli and a resident of Fatehabad. The appellant was tried before the learned Special Judge, Hissar for an offence under Section 7 of the Essential Commodities Act, 1955 (for short 'the Act'). The appellant was found guilty of contravention of Clause 9(1) of the Haryana Prevention of Hoarding and Maintenance of Quality Order, 1977 (for short 'the Order') and sentenced to undergo rigorous imprisonment for six months, pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for three years. The judgment of the learned Special Judge is dated January 9, 1992 and has been challenged in this appeal.

(2.) ON August 7, 1990 A.S.I. Devinder Kumar (PW-6), on receiving a secret information, got registered a case against Kanshi Ram reading storage of essential commodities in his house at Fatehabad and selling these commodities in the black market. The case was registered under Section 7 of the Act at P.S. Fatehabad. Thereafter, the investigating officer raided the house of the appellant but he was not present there. The appellant's son Jagdish was found at the house. On entering the house, the investigating officer found that the sitting room (baithak), where drums of kerosene oil and palm oil had been stored, was locked and the key was with the appellant.

(3.) AT the trial charge was framed against him under Section 7 of the Act read with Clause 9(1) of the order of which he pleaded not guilty and claimed to be tried.