STATE OF HARYANA Vs. PURSHOTAM

JUDGEMENT

(1.) On 4.12.1990, Shri Lala Ram Yadav, D.S.P., along with Shri Ram Parkash, Inspector Food & Supplies, raided the ration-depot of the respondent, located in Ward No.8, Safidon Gate, Jind, and on checking, the raiding party found that there was shortage of 2 quintals, 46 kgs, and 120 grams in sugar-stock. The stock available was 1 quintal, whereas as per records, it should have been 3 quintals 46 kgs and 120 grams. Accordingly, stock register Ex.P1 and sale registers Exs.P2 and P3 were taken into possession vide memo, Ex.PH, and, thereafter, report about the shortage of stock was sent to the Haryana Government. On receipt of the required advice from the concerned department, the DSP filed complaint, Ex.PA, in court, against the respondent, on 8.12.1990.

(2.) Since the respondent pleaded not guilty to the notice of allegations given to him by the court, for showing cause as to why he should not be punished under Section 7 of the Essential Commodities Act, for having violated the Haryana Prevention of Hoarding and Maintenance of Quality Control Order, 1977, prosecution led evidence in the form of the testimony of nine witnesses viz. PW1 Angrej Singh, Inspector CID, Chandigarh, PW2 ASI Om Parkash, PW3 Ram Chander, Store Keeper, CONFED Office, Jind, PW4 Constable Prem Kumar, PW5 DSP Lala Ram Yadav, PW6 ASI Bhim Singh, PW7 Ram Parkash, Inspector Food & Supplies, PW8 Mohan Lal, and PW9 SI Surjit Singh.

(3.) In his statement recorded under Section 313 Cr.P.C., after the close of prosecution evidence, the respondent, inter-alia, pleaded that the stock of sugar, which was found short, had, infact, been sold to several ration card holders but entries with regard thereto could not be made, due to rush of work. DW1 Raj Kumar was examined in defence.