PREM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this Common judgment, two criminal appeals bearing Nos. 1021-SB of 1997 and 1039-SB of 1997, preferred by Prem Kumar and Tarsem Singh, appellants, shall be decided.

(2.) BOTH the appellants have been convicted by the Court of Learned Presiding officer, Special Court, Kaithal, under section 7 of the Essential Commodities Act (for short "the Act") and sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 1,000/- each. In default of payment of fine, to further undergo rigorous imprisonment for three months, in a case arising out of FIR No. 422 dated 10. 12. 1993 registered at Police Station City, Kaithal under section 7 of the Act.

(3.) FIR Ex. PA/1 was recorded on the basis of ruqa Ex. PA sent by Attar Singh, Sub inspector, who has stated in ruqa Ex. PA that he along with his companion police officials was present in front of Civil Hospital gate, Kaithal and from reliable sources he learnt that Prem Kumar, appellant, used to sell a bag of Kissan Khad to the farmers at the rate of Rs. 150/- per bag after he purchased the same from Punjab at the rate of rs. 100/- per bag and he has brought about 200 bags from village Sangatpura to Kaithal in a truck bearing No. PAT-8945 and since he has been selling the fertilizer without any licence, therefore, he has committed the offence under Section 7 of the Act.