SHIV PARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated March 26, 1987, passed by Special Judge, Karnal, by which Shiv Parshad, appellant, has been convicted under Section 7 of the Essential Commodities Act, 1955, for violating the provisions of the Haryana Prevention of Hoarding and Maintenance of Quality Orders, 1977 and Haryana Sugar Dealers Licensing Order and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for three months.

(2.) THE prosecution case, briefly stated, it that in June and July 1985, the accused was posted as Salesman in CONFED at Samalkha and during that period, 130 quintals of imported sugar had been issued by the District Food and Supply authorities for its further sale to the consumers on the basis of permit issued by the District Food and Supply Controller. These permits could be issued to Halwais, Restaurants, Hostels, Canteens, etc. Besides, sugar could also be sold to household consumers at the rate of 5 kgs. per household consumer per month on the basis of ration cards issued to such persons by the District Food and Supply Controller from July 5, 1985 to July 8, 1985, permits were issued by Dharam Singh Mann, Assistant Food and Supply Officer but the same were not honoured. Consequently, on July 9, 1985, a complaint to this effect was made before him, whereafter he alongwith Sub Inspector Shiv Sharan went to the CONFED depot at Samalkha. On checking, instead of 130 quintals of imported sugar, which had been issued to the said depot, only 45 quintals were found. During the course of enquiry, the accused vide his writing, Ex.PC, admitted that he was in need of money and, therefore, he had sold 85 quintals of sugar and had deposited the money with the Accounts Officer, CONFED, Panipat. Thereafter, Shri Dharam Singh submitted this report, Ex.PC., to the District Food and Supplies Officer, on the basis whereof complaint, Ex.PA, was lodged with the Senior Superintendent of Police, Karnal, which led to the registration of formal FIR, Ex.PA/1. After completion of necessary investigation, challan was presented against the accused.

(3.) IN reply to the charge, the accused pleaded not guilty and claimed trial, at which the prosecution was directed to lead evidence. In support of its case, the prosecution examined as many as 36 witnesses, namely, SI Devinder Pal Singh, SHO, Police Station, Samalkha (PW.1); R.S. Chauhan, Asstt. Manager (Commercial), FCI District Office, Karnal (PW.2); Gopal Dass, District Food and Supplies Officer, Karnal (PW.3); Gobind Dass, Assistant, Grade 'C', FCI, Ambala (PW.4); Sher Singh (PW.5); Jiya Ram (PW.6); Daya Nand (PW.7); Bhulan (PW.8); Surjan (PW.9); Rameshwar (PW.10); Ram Karan (PW.11); Sat Narayan (PW.12); Daya Nand (PW.13); Lakhmi (PW.14); Suresh (PW.15); Karam Singh (PW.16); Assa Ram (PW.17); Darya (PW.18); Mange Ram (PW.19); Phool Singh (PW.20); Munshi Ram (PW.21); Ram Dhari (PW.22); Roshan Lal (PW.23); Parbha Ram (PW.24); Umed Singh (PW.25); Balwan Singh (PW.26); Ishwar Singh (PW.27); Anand Parkash (PW.28); Shiv Kumar (PW.29); Vinod Kumar (PW.30); Manga (PW.31); Rattan Singh (PW.32); Satya Parkash Goyal (PW.33); Mohan Lal, Store-keeper, CONFED, Area Office, Panipat (PW.34); Dharam Singh Mann, Assistant Food and Supply Officer (PW.35) and SI Dev Dutt (PW.36).