OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY way of the present appeal, the appellant impugns the judgment and order, dated 13/17.9.1991, passed by the Special Court, Rohtak, whereby he has been convicted under Section 7(1)(a) of the Essential Commodities Act, 1955, and sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs. 500/-, in default of payment of fine, to undergo further imprisonment for three months.

(2.) THE facts, in brief, leading to the filing of the present appeal, are that on 26.7.1989, Chaman Lal, Assistant Food Supplies Officer (AFSO), Rohtak, accompanied by Ramesh Chander, Inspector visited the business premises of M/s. Nagpal Oil and Cotton Mills, Jhajjar Road, Rohtak, a licensee under the Haryana Food Articles (Licensing and Price Control) Order, 1985, (for short hereinafter referred to as "the Order"), issued under Section 3 of the Essential Commodities Act (for short hereinafter referred to as "the Act"). On checking, Chaman Lal, AFSO allegedly found that the board meant to display the stock and rate of mustard, mustard oil and cakes was lying blank. The appellant was unable to produce the licence, issued under the Order, the stock and sale register, as also the cash memos for the sale of those commodities. The stock found lying was 7-1/2 quintals of mustard oil and 75 quintals of mustard cakes. The firm had also failed to file fortnightly returns of the stock in hand for the fortnight ending 15th July, 1989.

(3.) IN order to establish its case, the prosecution produced PW1-A.S. Dahiya, an Upper Division Clerk in the Income Tax Office, Rohtak. The partnership- deed was exhibited as Ex. PA. PW2-Balbir Singh, a Clerk in the office of District Food Controller, Rohtak proved Ex. PB, a licence, issued to the firm by the District Food Controller, Rohtak and renewed upto 31.3.1992. PW3- Chaman Lal, the officer, who conducted the checking/raid, deposed as to the facts of the commission of the offence. PW4-SI Duni Chand recorded the FIR, pursuant to a report, filed by Chaman Lal and investigated the case. He visited the premises of the firm on 26th and 27th July, 1989 but these premises were found locked. On 28.7.1989, Om Parkash, the appellant, met the Investigating Officer and produced the licence, stock register and the quantity of mustard oil and cakes.