HARI CHAND Vs. STATE

JUDGEMENT

(1.) THIS appeal has been directed against the judgment/order of sentence dated 22-11-1996 rendered by the court of learned Special Judge, Chandigarh, whereby he convicted and sentenced Hari chand-accused to undergo rigorous imprisonment for 3 months and to pay a fine of rs. 2,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one month under Section 7 of the Essential Commodities Act, 1955 (for brevity, 'the Act' ).

(2.) SHORN of all unnecessary details, the facts of the prosecution case are that on 18-9-1992, sunil Kapur, Inspector Food and supplies, in the company of P. K. Dhawan, narinder Kumar and Sushil Kumar Gupta, also Inspectors of the aforesaid department, conducted a raid on the business premises of M/s. Sharma and Company situated in shop No. 1034, Sector 22-B. Chandigarh, where the accused was found present, being the Proprietor of the aforesaid firm. He was found in possession of Exercise Books, candles, Edible Oil, Cold Drinks etc. for the purpose of sale in his shop premises but without having displayed any price list of the above-mentioned articles in his shop premises. Thus, he was found contravening the provisions of the Act. On receipt of telephonic message from Sunil Kapur Inspector, the police party headed by S. I. Sarwan singh reached there. A written complafht, ex. P. A. was presented by Sunil Kapur before s. I. Sarwan Singh, who made his endorsement on it and sent the same to the police Station, where on its basis, formal f. I. R. was recorded. Then, sunil Kapur produced three packets of Candles, 3 dozen of exercise Books, 12 Containers of Mustard oil, 12 Packs of Dhara brand Refined of one litre each, on crate of mixed Cold Drinks, one rate list before S. I. Sarwan Singh, who seized these articles vide Memo. Ex. PD. The statement, Ex. PE of accused-Hari Chand was also produced before the aforementioned Sub-Inspector, who prepared the rough site-plan showing the place of recovery, recorded the statements of witnesses and on return to the Police Station, deposited the case property in the Malkhana. At the time the Sub-Inspector reached the aforesaid premises, the accused was not found present there and he was formally arrested on 24-9-1992. The specimen signatures and handwriting of the accused were obtained before Mr. P. K. Sharma, executive Magistrate on 26-8-1993. The same were got compared with the specimen handwriting and signatures of the accused from the handwriting expert. After completion of investigation, the charge-sheet was laid in the court of Special Judge, Chandigarh.

(3.) THE accused was charged under section 7 of the Act to which he did not plead guilty and claimed trial.