PREM CHAND 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 May 20, 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 and 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 deriver to halt the truck. Prem Chand and Dharam Pal were found sitting beside him. The truck was loaded with 43 bags of paddy. Paddy was weighed at the spot. Samples were taken and sent for analysis. A 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 challenged, tried and convicted by the Special Judge.

(3.) AFTER close of the prosecution, the appellants in their statements denied the prosecution allegations and pleaded that the Paddy in question belonged to one Ashwani Kumar of village Bakhri which falls within the area of Punjab State and is close to village Nagri situated in Jammu and Kashmir State. The Paddy was being taken to Dinanagar for sale in the market and one has to pass through Fatehpur Chowk in order to come to Dinanagar from village Bakhri.