VIJAY SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIJAY Singh, appellant was convicted under Section 7 of the Essential Commodities Act, 1955 by Shri B.L. Singal, the then Special Court under EC Act, Hisar vide judgment dated 24.7.1998 and vide separate order dated 25.7.1998, he was sentenced to undergo rigorous imprisonment for four years and to pay a fine or Rs. 1,000/- and in default of payment of fine, he was ordered to undergo further rigorous imprisonment for six months.

(2.) THE assortment of facts is that on 21.8.1995, SI Wajir Singh along with other police officials was on patrol duty and was present near Sheetal Hotel in the area of Agroha. He received secret information against the accused to the effect that he was indulging in the sale of spurious diesel without any permit or licence in his tubewell Kotha and sufficient quantity of such diesel can be recovered if an immediate raid is conducted. Consequently, believing the said information as true, an effort was made to join independent witness but to no effect. Constable Roop Chand was asked to go to the accused in civil dress for purchasing diesel for Rs. 50/-. Constable Roop Chand purchased diesel from the accused for Rs. 50/- and came back to SI Wajir Singh who was waiting near Sheetal Hotel. The can in which purchased diesel was put was produced before the Investigating Officer who took out a sample in one bottle. The sample and the remaining bulk were sealed in separate parcels with seal "WSS" and the seal, after use, was handed over to Roop Chand. Then the spot was raided. A Photographer was called to the spot and the photographs of the drums etc. were taken. The accused was found present in the tubewell Kotha. Two drums of the capacity of 200 litres each, five jerrycans of the capacity of 50 litres containing diesel were recovered. One of the jerrycans was having about 40 litres. The accused could not produce any permit or licence.

(3.) NOTICE under Section 7 of the Act was served on the accused on 4.12.1996 to which he pleaded not guilty and claimed trial.