BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant, along with Makhan Singh, was tried by Special Judge, Barnala for offence under Section 7 of the Essential Commodities Act (hereinafter referred to as the Act') on the ground that they violated Rule 3 of the Punjab Wheat Dealers Licencing Order, 1978 issued under Section 3 of the Act.

(2.) Vide judgment and order dated 7-4-1994, the trial Court acquitted Makhan Singh of the charge against him and convicted the appellant under Section 7 of the Act and sentenced him to undergo RI for one year and to pay a fine of Rs. 1,000/-, or in default of payment of fine to undergo further RI for three months.

(3.) On 22-11-1992, S.I. Ashutosh, SHO, Police Station Mehal Kalan, along with ASI Bhag Singh and ASI Mohinder Singh, was present at the local bus-stand in Mehal Kalan. He received a secret information that one truck bearing No. DL-1G-3556 driven by Makhan Singh accused was coming from the side of village Nihaluwal and the said truck was loaded with bags containing wheat. He was accompanied by a businessman, who had purchased wheat from there and taking the same to the other place for sale without any G.R. issued in respect of the said wheat bags SI Ashutosh wrote a ruqa Ex. PD and sent the same to the Police Station, on the basis of which formal FIR EX. PD/1 was registered.