DANISH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have filed the present revision petition against the judgment dtd. 7/5/2018 passed by learned Additional Sessions Judge, Sangrur whereby their appeal against the judgment of conviction and order of sentence dtd. 6/9/2016 passed by learned Sub Divisional Judicial Magistrate, Dhuri was dismissed.

(2.) Briefly stated, FIR No.95 dtd. 15/6/2012 under Sec. 7 of the Essential Commodities Act, 1955 (for short, the Act) was registered against the petitioners-accused at Police Station Sadar Dhuri, District Sangrur on the allegations that on 15/6/2012 Inspector Sat Pal along with other police officials was present at the bridge of canal Babbanpur in the Government vehicle bearing registration No.PB-13R-8707. In the meantime, he received a secret information that Sarpanch Wala Dhaba is being run by Salim Khan and his servant Danish Mohd. (petitioners herein), who used to purchase diesel from the truck drivers at cheaper rates and used to sell to the general public on higher rates, without any permit or licence. In case a raid is conducted, a heavy quantity of diesel can be recovered from the said Dhaba. Relying upon the said information, the investigating officer sent a Ruqa through PHG Kewal Singh against the accused for registration of a case. The investigating officer handed over Rs.300.00 to HC Karam Singh (Bogus Punter), who was in civil dress, vide separate memo, with a direction that he should reach Danish Mohd. and purchase 10 liters diesel for a sum of Rs.300.00. After purchasing the diesel, he passed signal to the investigating officer. Thereafter, the police officials raided the premises of the Dhaba in the presence of Inspector Gurinder Singh, Incharge of Food and Supplies Department Malerkotla and recovered four drums of diesel. The said drums were marked No.2 to 5. Three bottles of 750 Mls. each of diesel were separated as samples from each of drum and were marked as per the marks of drums. On measurement, from the plastic drum 197 liters 750 Mls. of diesel was recovered and from the other iron drum 187 liters 750 Mls. of diesel and from the third iron drum 197 liters 750 Mls. of diesel and from the fourth drum 197 liters 750 Mls diesel was recovered. Thereafter, all the four drums and samples were sealed by the investigating officer and his seal bearing impression 'SP' and Inspector Gurinder Singh, Food and Supplies also affixed his sample seal on the samples and the drums. One black plastic bucket, one keep, one measurement scale, one pipe about 10 feet, one measurement scale of 5 liter, one plastic can along with above said drums and samples were taken into possession vide separate memo. Thereafter, HC Karam Singh handed over plastic can having 10 liters of diesel to the investigating officer, who separated 3 bottles of diesel from the plastic can and on measurement the remaining diesel found to be 7 liters 750 Mls. and sealed the above said three bottles of sample and plastic can with his seal bearing impression 'SP' and Inspector Gurinder Singh, Food and Supplies also affixed his paper seal on the same, which were taken into possession vide separate memos. Accused Danish Mohd. was arrested. His personal search was conducted. Accused Salim Khan alias Mohd. Kalim was not present at the spot.

(3.) On 25/6/2012, five bottles of samples were sent to Chemical Examiner Kharar vide report No.130 dtd. 25/6/2012 through Constable Darshan Singh. Accused Salim Khan was joined in the investigation and was arrested in the present case. His personal search was conduced. Statements of the witnesses were recorded and after completion of investigation, Challan was filed in the Court.