SHYAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 14.03.1997, rendered by the Court of Special Judge, Rewari, vide which it convicted and sentenced Shyam Lal, accused (now appellant), as under :- Name of the accused (now appellant) The offence for which conviction was recorded. Sentence awarded Shyam Lal U/Section 7 of the Essential Commodities Act, 1955. Rigorous imprisonment for two years. Fine of Rs. 10,000/-. In default of payment of fine to undergo rigorous imprisonment for six months. Accused namely Amar Singh, was, however, acquitted.

(2.) THE facts, in brief, are that on 24.01.1995, Pohap Singh, Inspector of C.I.A. Staff, accompanied by Surender Singh, Head Constable and other Police officials, was present at Railway Crossing Kutubpur, in connection with the general checking, when a secret information was received, to the effect, that Shyam Lal son of Chiranji Lal, resident of Mohalla Thathera, who was having a cement go-down at Bharawas Road, Rewari, near a temple, used to sell the duplicate cement. It was also informed by the informant, that he had come with such spurious cement in Tata-Four Wheeler and was unloading the same, in his go-down. It was further informed that if a raid was conducted, he could be apprehended red handed. The information was found to be reliable. Therefore, ruqa Ex.PA was sent to Police Station, Sadar Rewari, on the basis whereof, FIR Ex.PA/1 was registered.

(3.) ON their appearance, in the Court, the accused were supplied the copies of all the documents, relied upon by the prosecution. Charge under Section 7 of the Act, against the accused was framed, to which they pleaded not guilty, and claimed judicial trial.