BHAGWAN SINGH Vs. STATE

JUDGEMENT

(1.) IN this petition under Article 227 of the Constitution Bhagawan Singh a cycle-repairing Abohar, challenges the validity of the Special Tribunal at Ferozepur appointed under s. 13 of the Defence of India Act 1962 by which the petitioner has been convicted under Rule 125 (9) of the Defence of India Rules 1962, read with rule 4 of the Punjab Commodities Price Marking and Display Order, 1962 and sentenced to six months rigorous improvement and Rs. 300/- as fine. In default of payment of fine the petitioner has been ordered to undergo further rigorous imprisonment for three months.

(2.) THE petitioner had been running a business of cycle repairing at Abohar and also used to deal in cycle spare-parts. It is alleged that on 1st April 1963, rajkumar P. W. , a local rickshaw-puller who was in need of a tyre for his cyclerichshaw visited the petitioner's shop for purchasing the tyre. The petitioner bhagwan Singh quoted Rs. 14. 50 as its price. Since the price demanded by the petitioner was excessive, Raj Kumar did not purchase the tyre and instead contacted Swaran Singh P. W. , Inspector, Food and Supplies and complained against the petitioner. After recording his statement the Inspector decided to lay a trap. Raj Kumar produced two G. C. notes of Rs. 10/- and Rs. 5/ -. After noting their numbers Inspector Swaran singh returned the same to him directing him to go to the petitioner's shop and purchase the tyre. P. Ws. Devi Chand and Diwan chand and diwan Chand proceeded to the petitioner's shop while distance. Raj kumar asked for a Super India cycle tyre. The petitioner took it out and gave it to raj Kumar who handed over the two currency notes of Rs. 10/- and Rs. 5/- to him. The petitioner put both currency notes in his cash box and told Raj Kumar that he had charged Rs. 15/- for the tyre. Devi Chandi and diwan Chand thereupon gave the appointed signal on which Inspector Swaran Singh at once came on the scene. He took the cycle tyre from Raj Kumar and recovered from the petitioner 's cash box both the G. C. notes of Rs. 10/-, and Rs. 5/- which he had prior to the raid made over to Rajkumar after noting their numbers. The price list of the tyres etc. , which the petitioner had displayed at his shop was taken hold of. The price of the super India Cycle-rickshaw tyre stated therein was only Rs. 10. 16 np. In view of the fact that the petitioner has charged Rs. 15/- from Raj Kumar Swaran singh immediately reported the matter to S. I. Parphul singh and this led to the petitioner prosecution under R. 125 (9) of the Defence of India Rules for violation of Rule 4 of the Punjab Commodities Price Marking and Display Order 1962.

(3.) THE petitioner was tried by a Special Tribunal Ferozepur, appointed under section 1s of the Defence of India Act and the Rules framed thereunder. It consisted of three Members, namely, Shir Sant Ram Garg, District and Sessions judge, Shri Bhim Singh, District Magistrate, and Shri Mohinder Singh Joshi, Senior subordinate udge, of Ferozepur.