DINESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) DINESH Kumar son of Sham Lal, resident of Gharaunda was challaned under section 7 of the Essential Commodities Act for having contravened the conditions of the licence as well as the provisions of Haryana Food Grains Dealers Licensing and Price Control Order, 1978, and also of Haryana Rice Procurement (Levy) Order, 1979, in the Special Court constituted under section 12-A of the Essential Commodities Act at Karnal. Mr. S. K. Jain, Presiding Officer of the Court found him guilty on two counts i.e. that he had contravened the provisions of clauses 3, 4, 8 and 10 of the licence issued under the Haryana Food Grains Dealers Licensing and Price Control Order, 1978 and secondly that he had contravened the provisions of Haryana Rice Procurement (Levy) Order, 1979, and sentenced him to three months R. 1. and a fine of Rs. 2000/-; in default of payment of fine further R. 1. for two months on the first count and to R.I. for six months and fine of Rs. 2500/-; in default of payment of fine further R. 1. for three months under the second count. Feeling aggrieved, he has filed this appeal.

(2.) THE prosecution case is that Jiwan Ram Punia, Inspector, Food and Civil Supplies Department P. 4 accompanied by Amar Singh, Sub Inspector, Food and Supplies Department, Gharaunda, checked the premises of Messrs Sham Lal Rice Mills. After inspection, a report Exhibit PA was prepared and submitted to A.F.S.O. on the basis of which ultimately D.F.C. Karnal got recorded F.I.R. Exhibit PC in Police Station, Gharaunda. After registration of the case, the matter was investigated and the appellant challaned, tried and convicted and sentenced, as mentioned in the earlier part of the order.

(3.) ON January 4, 1984, Jiwan Ram Punia, Inspector, Food and Civil Supplies, along with others inspected the premises of the mills and found that during the period with effect from October, 1983 to December 5, 1983, Messrs Sham Lal Rice Mills had purchased 6022 quintals and 85 Kgs. of paddy. This was disclosed in their fortnightly reports submitted earlier. It was further disclosed in the report that they had milled 483 quintals and the balance paddy i.e. 5539 quintals was with the mills 371 quintals of rice had been manufactured and this has also been mentioned in the report. It was out of the remaining paddy. Out of this rice 237 quintals 50 kgs. was given to the Government as levy share. On physical verification by Jiwan Ram Punia P.W. 4, it was found that the stock of paddy with the mill was only 1900 quintets and 50 kgs. and of rice 173 quintals and broken rice 202 quintets. The paddy stock was found deficient and the rice stock was found in excess as compared to the documents.