ANIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants have filed the present appeal against the judgment dated 10.12.2002 passed by Special Judge, Fatehgarh Sahib vide which they were convicted under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') and were sentenced to undergo RI for four years each. Appellant No. 1 Anil Kumar @ Neelu, Rajesh Thor appellant No. 2., Mohan Lal, appellant No. 5 and Madan Lal appellant No. 6 were also ordered to pay fine of Rs. 5,000/ - each, whereas appellant No. 3 Balwant Singh, appellant No. 4 Gurmail Singh, appellant No. 7 Balbir Singh and appellant No. 8 Munna Lal were ordered to pay fine of Rs. 500/ - each and in default of payment of fine each of them were ordered to undergo RI for four months under Section 7 of the Act.

(2.) BRIEFLY , the facts of the case are that on 30.11.1995, Lakhvir Singh, Officer Incharge of the Police Station Gobindgarh accompanied by SI Sukhdev Singh, ASI Mohinder Singh, ASI Gurdial Singh, Constable Gulshan Kumar 465 and SPO Ranjeet Singh 200 were on patrolling duty at Gol Chowk Gobindgarh, where he received a secret information to the effect that Anil Kumar @ Neelu and Rajesh Thor son of Manmohan Parshad Thor were owning tankers and indulging in the manufacturing of duplicate furnace oil by mixing kerosene with coaltar. It was further informed that the tanker No. PB -23 -3268 being driven by Balwant Singh and tanker No. PJI 7131 being driven by Gurmail Singh are carrying duplicate furnace oil and if raid is conducted then these persons can be apprehended red handed.

(3.) ON the basis of the offence narrated in the FIR all the accused were charge -sheeted under Section 7 of the Essential Commodities Act for contravening the provisions of Punjab Light Diesel Oil and Kerosene Dealers Licensing Order, 1978 vide order dated 5.11.1996.