GURDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant Gurdeep Singh along with one Mahi Pal Singh was sent up to face trial for having committed an offence under Section 7 of the Essential Commodities Act, 1955. They were convicted vide judgment dated 4.1.1995 to undergo RI for 3 years and to pay a fine of Rs. 1,000/- each. In default of payment of fine they were further directed to undergo RI for a period of 6 months each.

(2.) IT is worthwhile to mention over here that vide separate order dated 26.7.2006 the appeal filed by Mahi Pal bearing Criminal Appeal No. 72-SB of 1995 arising out of the same judgment is said to have been abated.

(3.) ON completion of the investigation, a challan against both the accused persons was submitted for having violated the provisions of Section 7 of the Essential Commodities Act and the Haryana Kerosene Dealers Licensing Order, 1976. Thereupon notice was issued to both the accused persons. The allegation against the appellant Gurdeep Singh was that he had purchased the kerosene in black market from Mahipal @ Rs. 4/- per litre instead of Rs. 2.81, whereas the allegation against Mahi Pal was that he had sold 800 liters kerosene to the appellant at the aforesaid rate. Both the accused pleaded not guilty and claimed trial.