GHANSHAM DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction, recorded by the learned Special Judge, Solan, in Case No. 1-S/7 of 1994 dated 21.10.1997, whereby Respondents Ghansham Dass and Suresh Kumar Sood, hereinafter referred to as A-1 and A-2 respectively, were convicted for the offences punishable under Section 3 read with Section 7 of the Essential Commodities Act, 1995 and Section 420 of the Indian Penal Code. Both the accused have been sentenced to suffer rigorous imprisonment for one year each for the offence punishable under Section 3 read with Section 7 of the Essential Commodities Act and pay a fine of Rs. 5,000/- each. In case of default in the payment of fine the accused are to suffer imprisonment for two months each. Both of them have also been sentenced to suffer imprisonment for six months each and pay fine of Rs. 3,000/- each for the offence punishable under Section 420 of the Indian Penal Code. In case of default in the payment of fine the accused are to undergo further imprisonment for two months.

(2.) Prosecution case appears to be:

(3.) A-1, it appears was allotted a Gas Agency by the Hindustan Petroleum Corporation Limited for Kasauli and Dharampur in the year 1993-94 are appointed dealer as such. A-2 was employed as Manager by A-1. T Government had fixed Rs. 500/- as refundable security for the LPG cylind and regulator. The accused while releasing new gas connection would char more amount from the consumers than what was fixed. Such connection were released to them in the name of the persons other than the consume The persons, from whom the amount was charged in excess of the fix amount are: Sr. No. Name of Person Amount charged Receipt issued 1. Vijay Kumar Rs. 2,200/- Rs. 500/-consumer No. 0696792 dt. 7.7.1993 is -sued in the name of Parnam Kumar. 2. Rakesh Kumar Rs. 2,350/- Rs. 500/- in January 1994. 3. Raj Kumar Gupta Rs. 2,200/- Rs. 500/-vide Consumer No. 504582 dt. 7.7.93 is- sued in the name of Smt. Neena of village Anech. 4. Naresh Kumar Rs. 2,300/- Rs. 500/- vide consumer No. 505017 dt. 24.7.93 in favour of Suneel Sharma. 5. Inder Dutt Rs. 2,400/- Rs. 500/-vide consumer No. 504512 dt. 28.1.94 in the name of Sh. Sham Lal 6. Kamlesh Kumari Rs. 2,400/- Rs. 500/- vide consumer No. 504817 dt. 11.3.93 in the name of Sh. Krishan Sehgal. 7. Dalip Singh Rs. 2,300/- Rs. 500/-vide consumer No. 505093 dt. 15.3.92 in the name of Sh. Tulsi Ram. 8. Bimla Devi Rs. 2,200/- Rs. 500/-vide consumer No. 504552 dt. 7.7.1993 in the name of Sh. Raj Pal. 9. LeelaDevi Rs. 2,400/- Rs. 500/-vide consumer No. 505230 dt. 13.8.93 in the name of Smt. Bhagwati Devi. 10. Karan Singh Rs. 2,500/- Rs. 500/-vide consumer No. 505094 dt. 27.7.93 in the name of Sh; Ajit Singh. 11. Bhagwanti Devi Rs. 2,500/- Connection not given. 12. Sukh Dev Sharma Rs. 2,405/- Rs. 500/-vide consumer No. 504859 dt. 13.7.93 in the name of Shri Lal Singh. 13. Dhani Ram Rs. 2,250/- Rs. 500/-vide consumer No. 505311 dt. 2.9.93. 14. Chain Singh Rs. 2,300/- Rs. 500/-vide consumer No. 504855 dt. 13.7.93 in the name of Sh. T. Singh.