GHANSHAM DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal on behalf of appellant-Ghansham Dass, is directed against the judgment and order dated 29.08.2001/01.09.2001 (hereinafter referred to as 'impugned judgment') passed by the learned Special Judge, Panipat (hereinafter referred to as 'trial Court'), whereby, he has been convicted for the commission of offence punishable under Section 7 of the Essential Commodities Act (for short, 'the Act') and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5,000/-, or in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. Brief facts of the case in hand, as recorded in the opening para of the impugned judgment, are reproduced as under:--

(2.) After perusal of the Police report and after hearing both the sides, notice of accusations was served upon the accused/appellant, to which he pleaded not guilty and claimed trial.

(3.) In order to substantiate its case against the accused, the prosecution examined Tek Chand, Sub Inspector Food and Supply as PW1; Ram Narain son of Hari Ram as PW2; Ram Dia son of Dhan Singh as PW3; Prem Kumar Sharma, Assistant Food and Supply Officer, Panipat, as PW4; Satbir son of Umed Singh as PW5; Satbir son of Umed Singh as PW6; Ram Karan son of Puran Chand as PW7; Chandgi son of Ram Dhari as PW8; Suraj Mal son of Chanda Ram as PW9; Phulla son of Ram Dhari as PW10; Mohar Singh son of Harphool as PW11; SI Bhullan Singh as PW12; Man Singh, Deputy Superintendent, Office of District Food and Supplies Controller as PW13; and Rajinder son of Bekh Narain as PW14. PWs Mahi Pal, Brij Pal, Gurdial Singh, Ishwar Singh, Suresh Kumar, Ram Parkash, Jhara Parshad and Sardool Singh were given up as having been won over by the accused, whereas, PWs Constable Om Parkash, Gori Shankar Inspector and SI Badan Singh, were given up as unnecessary.