MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MOHINDER Singh appellant stands sentenced to six months' rigorous imprisonment and a fine of Rs. 1,000/- in default further rigorous imprisonment for three months, under section 7 of the Essential Commodities Act.

(2.) ON the intervening night of 22nd and 23rd November, 1982, Piara Singh Head Constable PW2 and Sukhdev Singh sub-Inspector Food and Supplies PW1 organised a nakabandi at the Jagatpur barrier. Truck No. PBP 9995 driven by the appellant came from the side of village Chila Manoli at about 5 a.m. on 23rd November, 1982. The same was stopped. It was loaded with 140 bags of rice containing about 135 quintals of rice. The appellant did not have any export permit for the same. The truck and the rice were taken into possession by the Head Constable vide memo Exhibit P.A. First information Report Exhibit PB/1 was recorded at Police Station, Mubarkpur, on 23rd November, 1982 at 8.15 a.m. Since vide notification No. GSR-92/GA/55/S-3/81, dated 22nd October, 1981, paddy was declared as an essential commodity and the movement of the same outside Punjab from the State of Punjab was an offence, the appellant was challaned, convicted and sentenced as above.