MUNICIPAL COMMITTEE Vs. VARINDER KUMAR

JUDGEMENT

(1.) THIS criminal appeal has been filed by Municipal Committee, Hariana against the acquittal of the respondent in a criminal complaint filed by the appellant under Section 78/81 of the Punjab Municipal Act, 1911 (hereinafter referred to as the Act).

(2.) IN the complaint, it was alleged that on 7.3.1994, the accused imported 12 bags of Rubber chappal through Satnam Goods Carrier, Jalandhar and the vehicle, in which the goods were imported, entered the municipal limits of Municipal Committee, Hariana, without paying any octroi. The said vehicle was chased by Ram Rakha, Clerk, Municipal Committee, on the information of octroi clerk. Subsequently, the vehicle was found parked in the open area of Mohalla Pahari Gate and by that time, the goods were unloaded by the accused. When he could not show the octroi receipt, the goods were seized by the octroi clerk. The accused was alleged to have imported the goods without paying the octroi with mala fide intention. Thus, he was alleged to have committed the offence under Section 78 of the Act. It has been further alleged that the octroi payable on the aforesaid goods amounted to Rs. 138.65, on which the accused is also liable to pay penalty to the tune of Rs. 2,773/-.

(3.) COUNSEL for the appellant submits that the trial Court has committed a procedural irregularity while closing evidence of the appellant by order of the Court. The appellant was not provided sufficient opportunities to lead tis evidence. He further submits that on 28.5.1996, Ram Rakha, Clerk of the Municipal Committee was present in the Court, but neither his statement was recorded nor his presence was recorded by the trial Court and evidence of the appellant-committee was closed by order of the Court. Counsel further submits that the complainant was also present in Court, but his statement was also not recorded.