HARMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) RANBIR Mohan, ASI, (PW8) of Police, Incharge of Police Post Naneola, got a secret information on 9.7.1985 at about 2.30 p.m. that Harmesh Kumar son of Parshotam Dass (Appellant herein), Joginder Kumar son of Pawan Kumar, who are partners in the firm M/s. Harmesh Kumar Sanjay Kumar dealers of kerosene oil and the Depot Dealers, were making spurious diesel out of the kerosene of the ration quota, and were selling the same as diesel to the public. On receipt of such information ASI Ranbir Mohan (PW8) sent the ruka Ex.PK to PS Ambala Sadar, on the basis of which a formal FIR (Ex.PK/1) was registered by ASI Mehar Singh. ASI Ranbir Singh (PW8) alongwith his police party and Jagir Singh (PW6) Sarpanch of village Naneola, Gurnam Singh, a member of Panchayat of that village went to the depot concerned, found same locked, and on the direction of ASI Ranbir Mohan, Sarpanch Jagir Singh put another lock on the depot, and also left constables to guard the place.

(2.) ON the next morning (10.7.1985) ASI Ranbir Mohan (PW8) along with Nasib Singh (PW7) and Karam Singh reached the said Depot. Harmesh Kumar, one of the accused was produced, who removed his lock and the Sarpanch Jagir Singh removed his lock. On search it was found that there were two drums each containing 220 litres, according to the prosecution, of spurious diesel, and two other drums, each containing 220 litres of kerosene oil. Samples were taken from kerosene oil and the alleged diesel and sealed, and the four drums were seized under recovery memos Ex.PB and Ex.PC, attested by Karam Singh and Nasib Singh. The stock register and the sale register of kerosene oil (Ex.P1 and Ex.P2) were seized, and a perusal of the same showed the purchase of two thousand litre of kerosene oil on 2.7.1985, and the sale of a thousand litres of kerosene oil up to 8.7.1985. Two drums contained 220 litres of kerosene, oil each, totalling to 440 lts. and so, there was, according to the prosecution, a shortage of 560 lts. of kerosene oil.

(3.) THE learned Special Judge framed a charge against these three accused for not keeping a true account of the receipt and disposal of the kerosene oil found in the premises of the firm and thereby to have contravened the provisions of clause 9 of the Haryana Prevention of Hoarding and Maintenance of Quality Order, 1977, punishable under section 7 of the Essential Commodities Act. The prosecution examined eight witnesses apart from letting in documentary evidence.