AVTAR KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against judgment dated 1.10.1993 of the Court of Special Judge for trial of cases under Essential Commodities Act, Karnal whereby present appellant was convicted for offence under Section 7 of the Essential Commodities Act for contravention of provisions of clause 9(2) of Haryana Contravention of Hoarding and Maintenance of Quality Order, 1977. However, he was directed to be released on probation.

(2.) THE case against the present appellant was that he was a depot holder and on 3.4.1991 when Bulmukund, Deputy Food and Supplies Inspector Karnal along with other officials of the Food Department had checked the stock registers of the appellant, they found that balance of sugar was shown as nil whereas 1 quintal 45 kgs of sugar was found lying in the depot. Similarly balance of kerosene oil was down as nil but actually 2100 litres of kerosene oil was found lying in the shop. Accused, as such, had not made entries in the Stock Registers properly of sale of the articles and had contravened the provisions of clause 9(2) of the Haryana Contravention of Hoarding and Maintenance of Quality Order, 1977, punishable under Section 7 of the Essential Commodities Act.

(3.) COUNSEL for the appellant had argued that, in fact, there was no case against the appellant. The contents of the offence committed were not properly put to the accused/appellant in the notice served and then again in statement under Section 313 Cr.P.C.