RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was alleged to have been selling cement in the black market at the rate of Rs. 60/- per bag against the control price of Rs. 26/- fixed by the Civil Supply Department in the year 1980 in village Mustafabad in the area of Police Station Chappar, district Ambala. As a result of this a raiding party comprised of ASI Ram Kishan, Manmohan Singh, member Panchayat and another resident Jagmohan Singh of the said village was formed and they raided the shop of the petitioner on 4.6.1980 i.e. about 19 years ago from today. On a raid, as such conducted 90 bags of cement were recovered from the premises of the petitioner. At the time of trial, the petitioner was charged under Section 7 of the Essential Commodities Act.

(2.) THERE could not be any evidence at the trial that the petitioner was selling the cement in black market. However, there was evidence that he was in possession of 90 bags of cement and that he had kept the same for black market. He was convicted by the learned Judicial Magistrate Class, Jagadhri, under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for one month. On appeal filed by the petitioner, his conviction and sentence was maintained by the learned Additional Sessions Judge, Ambala.