RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants were challaned under Section 7 of the Essential Commodities Act (hereinafter referred to as the Act) for having contravened clause 3 of the Punjab Wheat Licensing Control Order, 1982 (hereinafter referred to as the Order, 1982). The learned Special Judge, Sangrur vide his order dated 11th September, 1985 convicted the appellants under Section 7 of the Act and sentenced them to undergo rigorous imprisonment for one year and to pay a fine of Rs. 300/- each and in default of payment of fine to suffer further rigorous imprisonment for three months each. Feeling aggrieved thereby they filed this appeal.

(2.) ACCORDING to the prosecution case, ASI Rattan Singh along with other police officials was on patrol duty near Karail Barrier on 10th of September, 1983. The police party was on motor cycles. When the police party was at a distance of 100 yards from Karail Barrier a tractor trolley was seen coming towards the barrier. This barrier is on the border of Punjab and Haryana. ASI Rattan Singh stopped the tractor trolley. The tractor was being driven by Rajinder Singh appellant whereas the other appellants were sitting on the bags loaded in the tractor trolley. The trolley was searched and it was found to contain 36 bags of wheat and four bags of sarson. The appellants were asked to produce any permit for carrying the wheat bags from Punjab to Haryana. They possessed none. Consequently ruqa Ex. P.C. was sent to the Police Station for registration of the case, on the basis of which, a case was registered vide FIR Ex. PC/1 under Section 7 of the Act. They were accused of contravening clause 3 of the Order, 1982. The wheat was weighed. It was found to be 36 quintals and sarson was found to be 80 kilograms. The tractor trolley and the wheat and sarson were taken into possession vide memo Ex. PA. Site plan was prepared showing the place where the appellants were intercepted and recovery of wheat and sarson was effected. After completion of the investigation the appellants were challaned and convicted as mentioned in the earlier part of the judgment.

(3.) IN support of the case of the prosecution three PWs were examined. Ajaib Singh PW 1 is the clerk of the Licensing Authority and PW 2 HC Bhagwan Singh and PW 3 ASI Rattan Singh are the police officials. After close of the prosecution case the statements of the appellants were recorded under Section 313 of the Code of Criminal Procedure putting all the incriminating circumstances appearing against them and in their statements they put up their own version. Rajinder Singh appellant took the plea that he was driver of the tractor and was intercepted by the police near village Salemgarh along with other appellants and from there they were taken to Police Station, Moonak and were falsely implicated in this case.