HANUMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant was running a firm M/s Radheysham Mukesh Kumar as its sole proprietor at Hisar. The firm used to deal in the sale and purchase of paddy. District Food and Civil Supply Controller, Karnal learnt about the purchase of paddy by the appellant from various firms of Matlodha, which fell within his jurisdiction. Accordingly, he sought an information from his counter part at Hisar to find out as to whether the appellant, as sole proprietor of the firm, had entered about the sale and purchase of said paddy in its account. Upon this, Singh Ram Dahiya PW 7, who was posted as Inspector, Food and Civil Supply, Hisar in the office of DFSC, Hisar rushed to the shop of the appellant situated in Grain Market, Hisar. He learnt that the appellant was having licence No. 2555 issued to him under the Orders of Food and Civil Supply Department. It was then revealed that the appellant had shifted the place of his business from his shop, i.e. Shop No. 181 to some other place without seeking prior permission from the Food and Civil Supply Department, Haryana. It also transpired that the appellant failed to send the return of purchase and sale of the paddy for the years 1987 and 1988. The aforementioned acts done by the appellant resulted in contravention of the provisions of clauses 4(ii), 11 and 14 of the Haryana Food Articles (Licensing and Price Control) Order, 1985, hereinafter referred to as 'the Order', punishable under Section 7 of the Essential Commodities Act (hereinafter referred to as 'the Act'). Accordingly, FIR No. 264 dated 19.7.1989 was registered at Police Station City, Hisar by Inspector Ishwar Singh after receiving detailed report Ex.PQ from Inspector Singh Ram Dahiya PW7.

(2.) DURING the investigation of the case, the appellant was arrested on 16.9.1989. Necessary relevant records, including forms ST 15, bills and receipts, whereby the paddy in huge quantity was purchased by the appellant, were also taken into possession. Further investigation was conducted by ASI Davinder Singh, who recorded the statement of the witnesses under Section 161 Cr.P.C. After the completion of the investigation, challan dated 15.1.1990 was submitted by Inspector Ishwar Singh, SHO, Police Station City, Hisar against the appellant for the offence under Section 7 of the Act. Upon receipt of the challan, show cause notice was served upon the appellant for contravening various provisions of the Order making the appellant liable for punishment under Section 7 of the Act, who pleaded not guilty and claimed trial. In order to prove its case, the prosecution examined PW1 Raj Kumar, Section Officer, PW2 ASI Davender Kumar, PW3 ASI Subhash Chander, PW4 Parmod Kumar, PW5 Purshotam Dass, PW6 Parma Nand, PW7 Inspector Singh Ram Dahiya, PW8 SI Jasrath Singh, PW9 Ram Niwas, PW10 Ram Chander, PW11 Rajender Parshad, PW12, Jai Kishan Das and PW 13 Parmod Kumar.

(3.) IN defence, the accused examined DW1 S.S. Gulia and DW2 Partap Chand.