MADAN GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence, dated 05.10.96, rendered by the Court of Special Judge, Yamuna Nagar, at Jagadhri, vide which, it convicted the accused (now appellant), for the offence, punishable under Section 7 of the Essential Commodities Act (hereinafter to be called as Act only), and sentenced him to undergo rigorous imprisonment for a period of 2 years, and to pay a fine of Rs. 2000/-, in default thereof, to further undergo rigorous imprisonment for a period of 6 months.

(2.) THE facts, in brief, are that in pursuance of the orders passed by the Deputy Commissioner, Yamuna Nagar, Shri S.C. Jain, Additional Deputy Commissioner-cum-Chief Executive Officer D.R.D.A., Yamuna Nagar (as he then was), alongwith Deputy Superintendent of Police, Head Quarters, Krishan Kumar, and Krishan Gopal, Accountant, carried out joint inspection of M/s Madan Gas Indane Distributors, Yamuna Nagar. The stock register duly signed by Madan Gopal accused, the owner of the agency, and all the vouchers from 01.04.1993 to 27.04.1993, were taken into possession. The godown of the agency situated in Gobindpuri, was also inspected and the filled cylinders were counted physically. On account of such inspection, the stock register was found to be incomplete from 24.04.1993 to 27.04.1993; 306 refills received on 25.04.1993, and 306 refills received on 27.04.1993, were not entered in the stock register; as per the stock register, on 01.04.1993, 238 cylinders (refills) had been shown issued to the consumers, whereas, no vouchers had been issued on 01.04.1993; the number of refills issued, as per the vouchers and as per the stock register did not tally; the distributor had put, in use, more than one voucher books, for issuance, to the consumers, on the same dates; as per the entries of stock register, the balance of refills at the time of inspection should have been 187, whereas as per the recorded statement of the salesman of the godown, the number was 81 and, in this way, the discrepancy of 106 cylinders was found. Four refill vouchers had been issued on 24.4.1993, and their dates of booking had also been shown as 24.04.1993. Shri S.P. Jain, then sent a letter Ex. PB to the Deputy Commissioner, Yamuna Nagar, with a copy to the Superintendent of Police, Yamuna Nagar, along with the difference shown. The records aforesaid, were taken into possession by the Police from Krishan Gopal, Accountant, through recovery memo Ex.PC. The accused gave a writing Ex.PF, justifying the irregularities in his record. Formal first information report, Ex.PG, was recorded on the basis of the letter, received in the Police Station, from the Additional Deputy Commissioner, Yamuna Nagar. During the course of investigation, documents were taken into possession by Sub Inspector Piare Lal, vide recovery memo Ex.PC. The statements of the witnesses were recorded. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Biram Singh, Constable (PW1), Sub Inspector Nar Singh (PW2), Shri S.C. Jain, Additional Deputy Commissioner (PW3), Krishan Kumar, Deputy Superintendent of Police (PW4), Ramesh Kumar (PW5), and Sub Inspector Piare Lal (PW6). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.