STATE OF HARYANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prem Chand and Dharam Pal were convicted by Special Judge, Gurdaspur, under Section 7 of the Essential Commodities Act and sentenced to undergo R.I. for six months each and to pay a fine of Rs. 500/- each, in default of payment of fine further R.I. for three months each. Feeling aggrieved, they have filed this appeal.

(2.) The prosecution story is that on May20, 1985, S.I. Gurjit Singh of Police Station Narot Jaimal Singh, District Gurdaspur, organised a Nakabandi on the road leading from Narot Jaimal Singh to Nagri (J. & K.). The Nakabandi was laid on a point 50 yards away from the boundary of State of Jammu & Kashmir. At about 4 a.m. on May 21, 1985, Truck No. JKP-7231 came from Nagri side. S.I. Gurjit Singh flashed torch light at the truck and ordered its driver to halt the truck. Prem Chand and Dharam Pal were found sitting on the front seat. Prem Chand was driving and Dbaram Pal was sitting besides him. The trutk was loaded with 43 bags of paddy. Paddy was weighed at the spot. Samples were taken and sent for analysis. As import and export of paddy was prohibited, the appellants committed violation of the provisions of Punjab Paddy and Rice Export and Import Control Order. They were challaned tried and convicted by the Special Judge.

(3.) Prosecution in support of its caseexamined H.C. Yash Pal P.W.1, who stated that he was a member of the Nakabandi party. The Nakabandi was held on the road leading to village Nagri (J. & K.) from Narot Jaimal Singh at a distance of 100 yards from Fatehpur Chowk. At about 4 a.m. on May 21, 1985, truck No. JKP 7231 came from village Nagri side. Both the appellants were in the trutk. The truck was stopped. It contained Paddy which was taken into possession. He further stated that village Bakhri and Janial are in Punjab and are situated quite close to Jammu and Kashmir border. He also stated that if one comes from villages Bakhri and Janial and has to go Narot Jaimal Singh, be has to pass through Fatehpur Chowk, and the Nakabandi was held within the revenue limits of Taloor. Village Taloor is in Pubjab. He pleaded ignorance to the fact whether the paddy belonged to Ashwani Kumar of village Bakhri and as to whether the paddy was being taken to Dinailagar for sale in the market. He also stated that paddy was Basmati and not Parmal. P.W. 2 S.I. Gurjit Singh also supported the prosecution case. P.W. 6 J.K. Soodan, Junior Analyst Food and Supplies Department Gurdaspur stated that the sample of the paddy seized were Parmal and he analysed the same. Rest of the P.Ws. are formal.