RAKESH & ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAKESH son of Harish Chand and Rajinder son of Bahadur Singh, both Depot Holders, residents of Rohtak have filed this appeal against the impugned judgment of conviction dated 23.4.1991 and sentence order dated 27.4.1991 passed by Shri R.P. Bajaj, the then Judge Special Court Rohtak, vide which they were convicted for the offence punishable under Section 7 of the Essential Commodities Act, 1955 and were sentenced to undergo R.I. for 3 months and to pay fine of Rs.500/ - each and in default of payment of fine to undergo further R.I. for month.

(2.) CASE FIR No.574 dated 31.8.1989 under Section 7 Of the Essential Commodities Act, 1955 was registered in Police Station City Rohtak on the written complaint fried by Chaman Lal, the then AFSO Rohtak. It was alleged by him that on 31.8.1989 he along with Sh. D.D. Gupta, DFSO raided kerosene oil business premises of Rajinder -appellant at Sukhpura Chowk, Rohtak. At the time of checking, Rakesh -appellant who was representative of Rajinder depot holder, was present at the shop. On checking the following serious irregularities were detected:

(3.) AFTER registering the case on the basis of the complaint of Chaman Lal AFSO Ex.PA and scribing of the formal FIR PA/1, PW6 Duni Chand SI then commenced with the investigation of the case. He visited the kerosene oil shop of the appellants on 31.8.1989 and found it closed. Then he went there on 1.9.1989. Rakesh -appellant was found present, Daily stock register Ex.P2 and two Sale Registers Ex.P3 and P4 were taken into possession vide recovery memo Ex.PD. A drum containing 160 litres of kerosene oil was taken into possession vide recovery memo Ex.PE. Site -plan was prepared showing the premises. Rakesh was arrested on 1.9.1989. Rajinder -appellant, in whose name the licence was, was arrested on 11.9.1990 by Gian Chand SI. On completion of the investigation challan was put in against the appellants.