STATE OF HARYANA Vs. AMIR CHAND

JUDGEMENT

(1.) THE State has filed the present criminal appeal and it has been directed against the judgment dated 31.3.86 passed by the Court of Additional Sessions Judge, Kurukshetra who allowed the appeal of Shri Amir Chand and Ramesh Chand and set aside the judgment and order of the learned Additional Chief Judicial Magistrate, Kurukshetra who convicted the appellants in a case under section 7 of the Essential Commodities Act and sentenced them till rising of the court and to pay a fine of Rs. 1,000/- each. In default of payment of fine, the accused were directed to undergo R.I. for two months each.

(2.) THE brief facts of the case are that the accused are running a commission agent shop at Radaur with the same and style of M/s Amir Chand Ramesh Chand, Commission Agents, Radaur and they deal in food grains. On 14.8.1981 Assistant Food and Supply Officer Shri Ram Sarup reached the said firm of the accused at Radaur and found that the accused had kept in their possession 19 quintals 50 kgs. Masri. As per rules, the accused could keep only 10 quintals of Masri without a licence and it they wanted to have more than 10 quitals of Masri, they were obliged to obtain a licence under the Haryana Pulses Dealers Licensing Order, 1977 and in addition thereto they were obliged to display the price list of the stock of the commodities outside the shop. The Assistant Food and Supply Officer Shri Ram Sarup was accompanied by Inspector Jagir Singh and Analyst Jagdish. After the raid was conducted the police was also called in by sending a report Ex.PA to the Police Station Radaur. Police registered a case on the writing Ex.PA. On the spot the quantity was weighed and a memo Ex.PB was prepared. This masri was taken into possession vide memo Ex.PC. Certain documents i.e. receipts Ex.P.1 to Ex. P.8 were also taken into possession vide memo Ex.PD.A writing was prepared which is Ex.PE on the record.

(3.) PROSECUTION examined there witnesses namely Shri Ram Sarup, Shri Jagir Singh and Rajinder Parshad besides placing on record the documents Ex.P.1 to Ex.P.8