DARSHAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DARSHAN Kumar and Smt. Rekha Jindal, who were partners of M/s Vijay Bricks Works, Mullapur, District Ludhiana, manufacturing bricks under licence No. 55-L, were convicted under section 6 of the East Punjab Control of Bricks Supplies Act, 1949 (hereinafter to be referred as "the Act") vide order dated 25.7.1987 passed by Judicial Magistrate First Class, Ludhiana for violation of Clause 16 of the Punjab Control of Bricks Supplies Order, 1972 (hereinafter to be referred as "the Order"). Smt. Rekha Jindal was sentenced to pay fine of Rs. 1000/- and in default of payment of fine to undergo simple imprisonment for 2 months while Darshan Kumar accused was sentenced to undergo R.I. for one year and to pay fine of Rs. 500/- and in default of payment of fine to further undergo R.I. for 3 months.

(2.) THE prosecution case in brief is that on 16.11.1984, Shri Bakshish Singh, District Food and Supplies Officer, Ludhiana along with Surinder Singh, Assistant Food and Supplies Officer, Ludhiana, Shri Sukhdev Singh, Sub Inspector, Food and Supplies and one Jarnail Singh son of Kartar Singh visited the brick kiln of M/s Vijay Bricks Works, Mullapur for checking the brick kiln. Darshan Kumar was asked by Shri Bakshish Singh to produce the sale and stock register relating to bricks. Clause 16 sub-clause 1 of the Order enjoins upon brick kiln owner the maintenance of sale and stock register relating to bricks. It is further enjoined that the sale and stock register so maintained shall be made available for inspection at a conspicuous place in the premises of the kiln. Darshan Kumar, however, could not produce any such record and he told the DF&SO that such record was lying in his office at Ludhiana. DF&SO prepared report Ex. PD attested by Jarnail Singh, Shri Sukhdev Singh and Surinder Singh. Darshan Kumar also gave writing Ex. PA to the DF&SO in his own hand to the effect that the stock and sale register was not in his possession as asked for by DF&SO at his kiln at Mullapur and the same was lying in his office at Ludhiana. Shri Bakshish Singh addressed letter Ex. PC to SHO, PS Dakha for the registration of case against the accused on the basis of which case FIR No. 230 dated 10.12.1984 was registered at PS Dakha under Section 6 of the Act. Copies of partnership deed Ex. P1 and licence P2 were taken into possession from Darshan Kumar on 24.12.1984. After investigation, accused were challaned. Accused were charged under Section 6 of the Act by Judicial Magistrate First Class, Ludhiana vide order dated 8.2.85. They pleaded not guilty to the charge and claimed trial.

(3.) DARSHAN Kumar and Rekha Jindal have come up in revision to this court whereby they have assailed conviction and sentence recorded against them by the two courts below and prayed that they be acquitted.