SATWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Two appellants, namely Sat want Singh and Sucha Singh have come up in appeal against the order of tile Sessions Judge. Ropar, dated September 5, 1983 convicting and sentencing them to two years rigorous imprisonment and fine of Rs. 250/-, in default two months rigorous imprisonment each, under Section 7 of the Essential Commodities Act.

(2.) The prosecution case is that on 19-10-1982 at about 9 A.M. both the appellants were apprehended at Belongi Barrier by Head constable Ram Sarup (P. W. 2) and Shri Balinder Singh, Sub-Inspector Food Supplies (P.W. 3). They were found carrying 150 bags of paddy in truck No. P.B. W.-2795 which was being driven by Sat want Singh appellant and Such a Singh appellant was sitting by his side. Belongi Barrier is in the State of Punjab and is at a distance of 2 kilometers from the Union Territory border. Since the export of rice from the State of Punjab to any other State was prohibited vide notification dated October 22, 1981, therefore, by contravening the provisions of the notification, the appellants committed an offence under Section 7 of the Essential Commodities Act.

(3.) The plea taken up by the appellants, in their statements under Section 313, Code of Criminal Procedure, 1973, was that they were apprehended at Bus Stand Kharar and since they refused to give any bribe to the Police Officials, they have been falsely implicated. They produced as many as six defence witnesses to substantiate their case.