HARJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 11.11.1986 passed by the Special Judge, Ambala by which Satwant Singh and Harjit Singh, appellants have been convicted under Section 7 of the Essential Commodities Act for contravention of the provisions of Clause (3) of the Cement (Quality and Control) Order, 1962 and sentenced to imprisonment till the rising of the Court. They were also sentenced to pay a fine of Rs. 500/- each and in default of payment of fine, to undergo further R.I. for one month each. Gurvinder Singh, co-accused of the appellants was, however, acquitted of the charge.

(2.) BRIEFLY stated, the facts of the prosecution case are that on 25.11.1985, Anil Kumar, SI/SHO, P.S. Panchkula, along with Som Nath, ASI and Prem Parkash, Constable was present around 4 p.m. in the chowk of Sectors No. 11/15, Panchkula in connection with the investigation of case FIR No. 152 of 1985 and No. 162 of 1985 under Section 457/380 IPC, when he got secret information that proprietor of M/s Deep Trading Co., House No. 1111, Sector 15, Panchkula, was selling spurious cement; that no price list or stock position was displayed at the premises of the depot; that depot holder was not maintaining the record properly, that Harjit Singh son of Gurnam Singh, who was employed by the said Company, was selling the cement and that if a raid was conducted, spurious cement could be recovered. At this, S.I. Anil Kumar sent ruqa, Ex. PG, to the police station, Panchkula; on the basis of which formal FIR, Ex. PG/1 was registered under Section 7 of the Essential Commodities Act as also under Section 420 IPC. Thereafter, SI Anil Kumar joined Phool Singh, Inspector, Food and Civil Supplies in the police party and raided kothi No. 1111, Sector 15, Panchkula, where Harjit Singh son of Gurnam Singh was found present and 45 bags of cement were lying in one room. Those cement bags were got photographed and thereafter 200 grams of sample was separated from each bag of cement, and these were firstly put into polythene bags and then into cloth bags, and thereafter sealed with the seal bearing inscription 'AD'. The seal after use was handed over to Phool Singh, Inspector. The Investigating Officer took into possession the remaining quantity of cement, the sample cement, one board with the writing M/s Deep Trading Co., one licence No. AAR/CE-320 valid upto 3.3.1987 M/s Deep Trading Co., one table, two chairs and also arrested Harjit Singh, who on interrogation disclosed that the proprietors of M/s Deep Trading Co. were Satwant Singh and Gurvinder Singh, residents of Dhakoli, while he was working as their salesman. He also disclosed that the stock-register, sales register and bill books were kept by Satwant Singh in his kothi at village Dhakoli. Thereafter, the Investigating Officer also seized the stock register, sales register and bill book. The samples of the cement and the other articles seized were entrusted to the Moharrir Head Constable, who sent the samples to Forensic Science Laboratory, Madhuban and as per report, Ex. PA, all the 10 samples, which were at random taken out of the 45 samples, were found to be of adulterated samples of ordinary portland cement. After completion of the investigation, challan was presented against the accused.

(3.) PW -1 Hans Raj Aggarwal, Senior Scientific Officer, F.S.L. Madhuban, deposed out of 45 samples of this case received in the laboratory, only ten samples were analysed and their testing revealsed that they were adulterated ordinary portland cement. He also proved his report, Ex. PA, in this regard. He further stated that the remnants of those ten analysed samples and the remaining 35 samples were returned to the police station concerned.