STATE OF HARYANA Vs. RAMESHWAR DASS

JUDGEMENT

(1.) THE State of Haryana being aggrieved by the judgment dated 2.2.1991 had filed this appeal.

(2.) BRIEFLY , stated, the facts of the prosecution case, as brought out in the testimony of its witnesses, are that on 14.12.1990, Shri M.S. Lather, District Food and Supplies Commissioner, Panipat (PW7) alongwith Dilbagh Singh, Assistant Food and Supplies Officer, Panipat (PW4) and Deva Singh, Inspector, Food and Supplies (PW1) had gone to the premises of M/s Garg Rice Industries, Industrial Area, Panipat, where they had checked the stock of paddy and rice lying there. As a result of the checking, they found that stock of superfine rice was short to the extent of 451.49 quintals and common superfine paddy was found in excess to the extent of 603.19 quintals and Basmati paddy was found to be short to the extent of 31.63 quintals. Deva Singh had, thereupon, taken into possession the stock registers of rice and paddy and the milling register Ex. P1 to Ex. P3. He had then produced the same before the S.H.O. of Police Station City, Panipat alongwith the detailed report dated 17.12.1990 Ex.PF of the District Food and Supplies Commissioner, Panipat. On the basis of Ex.PF, a formal FIR Ex.PF/1 was recorded by Ram Kumar, Inspector PW6. The Inspector had himself gone to the premises of M/s Garg Rice Industries and had deputed Varinder Singh S.I. (PW5) and one Constable for guarding the godowns of the Mill. On 18.12.1990, Ram Kumar, Inspector had again gone to the rice Mills where he had called Deva Singh (PW1) and Dilbagh Singh (PW4). The bags of rice and paddy, which were lying in the godowns of the Mill were then counted and 4/5 bags, out of each godown, weighed for determining the weight of paddy and rice that was in stock. Thereafter, the godowns were locked and sealed and the rice and paddy lying there were taken into possession vide recovery memo Ex. PB, which was attested by Deva Singh (PW1), Varinder Singh S.I.(PW5) and Mahabir Singh Constable. During the investigation, the Inspector took into possession Ex. PC, the licence issued to M/s Garg Rice Industries under the Haryana Food Articles (Licensing and Price Control) Order, 1985 (hereinafter to be referred to as the Order of 1985). Ex.PE, the levy Khata of the rice mill in respect of purchase of rice and paddy for the period 15.9.1990 to 15.12.1990, was also taken into possession. The papers showed that Rameshwar Dass respondent was the proprietor of the firm and Dev Dutt was working as Munim-cum-Manager. Since the Mill had contravened the conditions of the licence issued and, therefore, violated the provisions of Section 7 of the Essential Commodities Act, 1955 (in short "the 1955 Act"), on completion of the investigation, the challan under Section 7 of the 1955 Act was put in Court.

(3.) WHEN examined under Section 313 Cr.P.C., the respondents took the plea that the case against them was false. Dev Dutt stated that he was not the Incharge of M/s Garg Rice Industries and was not responsible for the conduct of its business. He asserted that he was innocent and had been implicated for an ulterior motive. Rameshwar Dass respondent also denied that he was the proprietor of M/s Garg Rice Industries and he took up the plea of false implication on account of extraneous considerations. He had further explained that the officials of the Food and Supplies Department were bent upon harassing him and that in the previous year, they had filed a challan against him under Section 7 of the 1955 Act, in which case he had been discharged. When called upon to enter into their defence, the respondents placed on record Ex. DA, copy of the judgment of the Sessions Court dated 4.7.1989, in E.C. Act Case No. 14/3 of 1989 titled State v. Rameshwar Dass to prove that previously too, Rameshwar Dass had been prosecuted unsuccessfully by the department.