JAI PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Jai Prakash and Khem Chand were prosecuted in the court of Shri Babu Ram Gupta, Presiding Officer, Special Court Kamal, under Section 7 of the Essential Commodities Act and Section 120-B of the Indian Penal Code for infringement of Haryana Kerosene Dealers Licensing Order, 1976. Khem Chand was acquitted. Jai Prakash was held guilty of infringement of Haryana Kerosene Dealers Licensing Order, 1976, and convicted under Section 7 of the Essential Commodities Act, but was acquitted of the charge under Section 120-B of the Indian Penal Code. He was sentenced to undergo R.I. for three months and to pay a fine of Rs. 1000/-, in default of which to undergo R.I. for two months under Section 7 of the Essential Commodities Act. Feeling aggrieved, he has filed this appeal.

(2.) Prosecution case in brief is that on September 13, 1985, S.1. Kidar Singh P.W. was present at Jundla Gate, Kamal, for patrolling. H.C. Same Singh and Constable Pokhar Dass were with him Ved Parkash Gupta met him and they were talking. In the meantime, S.I. Kidar Singh received secret information that Jai Prakash was selling kerosene at the rate of Rs. 4/- per liter in his shop situated at Hanuman Gali, Kamal, and if raid was conducted kerosene oil could be found in his shop. A raiding party was organised. H.C. Same Singh, who was in uniform, was directed to change his clothes and wear plain clothes. A currency note of Rs. 20/- Exhibit P. 1 was banded over to him. He was also given a can of 5 litres capacity and was directed to purchase kerosene oil from Jai Parkash accused. Ved Parkash was sent as a shadow witness. Same Singh went to the shop of the accused and talked to him. The accused agreed to sell kerosene oil at the rate of Rs. 4/- per litre. Same Singh gave currency note of Rs. 20/Exhibit P.1 to the accused. Accused went near drum with an intention to take kerosene oil from the drum. A signal was given by Same Singh and police party reached the accused was arrested. Currency note of Rs. 20/- and the drum containing 200 litres of kerosene oil were taken into possession. One bottle of kerosene was taken as a sample and sealed. After investigation, the accused Jai Parkash and Khem Chand were prosecuted. The learned Special Judge acquitted Khem Chand accused and also acquitted Jai Parkash of the charge of conspiracy but convicted him under Section 7 of the Essential Commodities Act holding that he is a dealer and 200 litres of kerosene oil were in his possession.

(3.) Prosecution in support of its case examined Ravinder Kumar P.W. 1, who stated that he never purchased any kerosene oil from Jai Parkash accused. He was declared hostile and cross-examined by the Public Prosecutor. P.W. 2 Inspector Rajeshwar Lal presented the challan against the accused in the Court. P.W. 3 Ved Parkash also did not support the prosecution and was declared hostile. P.W. 4 H.C. Same Singh and P.W. Inspector Kidar Singh supported the prosecution case and stated that Same Singh went to the shop of the accused and the accused agreed to sell kerosene oil to him and on raid 200 litres of kerosene oil was recovered from his possession.