SATISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and the order of sentence dated 28.08,1995, rendered by the Special Judge, (under the Essential Commodities Act, 1955), Sonipat, vide which he convicted and sentenced Satish Kumar and Hari Parkash, accused (now appellants), for the offence, punishable under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to be as the 'Act' only) and sentenced them to undergo RI for a period of six months each and to pay fine of Rs.5000/; each, in default of payment of fine to undergo further rigorous imprisonment, for a period of 1. months each. The sale proceeds of the case property i.e. wheat were ordered to be confiscated to the State. The remaining accused namely Randhir, Mahinder Vinay Kumar, Ram Kumar and Raghbir, were however, acquitted.

(2.) The facts, in brief, are that on 29.08.1993, Rajinder Singh, Assistant Sub- Inspector, PW4, who was then posted in police Station Ganaur, was present at the bus stand of Ganaur at Khubru Adda, where he received a secret information that various depot holders, were taking wheat meant for distribution under the Public Distribution System, to Narela Mandi for sale, instead of distributing the same, amongst the ration card holders. He, accordingly, sent ruqa Ex. PC through Ishwar Singh, Constable, for registration of a case, as a result whereof the FIR Ex.PC1, for the offence punishable under Section 7 of the Act, was registered, at 5:30 A.M. by Sajjan Kumar, Sub Inspector. Om Parkash, Inspector, Food and Supplies, PW2 and Surender Kumar, Sub-Inspector, PW5, of the said department, were then associated in the picket (nakabandi), held? at G.T. Road, near Ganaur Chowk. Three tractors bearing registration No.HRS-8267, HVS- 1922 and HYS-2754 attached with trolleys were intercepted. The same were being driven by Raghbir Randhir and Mohinder, respectively (all since acquitted). Ram Kumar accused, was sitting in the tractor-trolley, being driven by Randhir, whereas Satish and Hari Parkash, accused were sitting in the tractor-trolley, being driven by Mohinder, accused 87 bags of wheat were found in the trolley, attached with tractor No. HRS 8267 and 64 bags each of wheat were found in the remaining two trolleys. The total number of wheat bags; being carried in all the tractor-trolleys came to be 215. The same were got weighed. On weighment, it was found that the same contained 103 quintals 5 kgs, 85. quintals 15 kgs, and 84 quintals 5 kgs, of wheat., totalling 275 quintals 25 kgs. The wheat bags were bearing the brand of Confed department. None of the accused could give any proof regarding the ownership of the same. The said bags were accordingly, taken into possession, vide memo Ex. PB. Rough site plan of the place of recovery was prepared. Thereafter, various ration depots of the accused were inspected by Om Kumar, Inspector, in the presence of Surinder Kumar, Sub Inspector and Rajinder Singh, Assistant Sub-Inspector. Inspection of the ration depot of M/s. Haryana Trading Ganaur, revealed that there was neither any wheat stock, in the same, nor any records were available, whereas in fact 64 bags of wheat, weighing 57 quintals were supplied to the said ration depot, for distribution to the ration card holders, under the Public Distribution System. Ex. PB, inspection report, in this regard, was prepared. Similarly, the ration depot of Hari Parkash, accused was inspected and it was found that neither any stock of wheat, nor any record in regard thereto was available. Inspection report Ex. PF was prepared in connection therewith. On checking of ration depot of Satish Kumar, accused, it was found that there was no record of any sort and there was a stock of 65 bags of wheat against 78 bags, supplied to him, for distribution under the Public Distribution System, by Confed department. Likewise ration depot of Vinay Kumar, accused, was inspected in his absence, in village Ghansoli. However, the said inspection was conducted, in the presence of village Sarpanch, wherein it was revealed that there was neither any stock nor any record with regard to the wheat, available. Inspection report, Ex. PH, in this regard, was prepared.

(3.) During the course of investigation, Ex. PA, list showing the issuance of wheat on 27.08.1993, by the Confed, was collected from Daya Kishan, Store-keeper, PW1. According to the said list, accused Hari Parkash, was issued 47 quintals, 50 kgs. Haryana Trading Company was issued 57 quintals, whereas Satish Kumar, accused was issued 76 quintals and Vinay Kumar, accused was issued 143 quintals 50 kgs. of wheat. The statements of the witnesses were recorded. The accused were arrested After the completion of investigation, the accused were challenged.