RAKESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the judgment dt. 27/11/2014, passed by learned Sessions Judge, Hamirpur, District Hamirpur, H.P. (learned Appellate Court) vide which the judgment of conviction and order of sentence dt. 4/8/2012, passed by learned Judicial Magistrate First Class, Court No.3, Hamirpur, District Hamirpur, H.P. (learned Trial Court) were partly upheld and the sentence was reduced from six months to three months. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present revision are that the police presented a challan against the accused before the learned Trial Court or the commission of offences punishable under Ss. 3 and 7 of the Essential Commodities Act (EC Act). It was asserted that SI Guler Chand (PW6), HHC Daulat Ram (PW1), HHC Hoshiar Singh (PW2) and Constable Pawan Kumar (PW10) had set up a naka at Masyana Nalti Chowk on 28/12/2008. A vehicle bearing registration No. HP-22A-3289 came from Nalti towards Hamirpur at about 4.45 AM. T e police signalled the driver to stop the vehicle. The driver identified himself as Rakesh (the accused). The police checked the dickey of the car and recovered eleven containers (Ex.P1 to Ex.P11) containing 170 litres of kerosene oil. The police demanded a permit for transporting the kerosene, but the accused could not produce any permit. The police seized the vehicle and the containers vide memo (Ex.PW1/A). One bottle each was taken out of each of the containers for chemical analysis. The container and the bottles were sealed with seal 'H'. The seal impression was taken on a separate piece of cloth. Rukka (Ex.PW6/A) was prepared and sent to the Police Station, where FIR (Ex.PW6/B) was registered. The accused produced his driving licence, which was seized vide memo (Ex PW1/B). SI Guler Chand (PW6) investigated the matter. He prepared the site plan (Ex.PW6/C). The accused produced the registration certificate of the vehicle, which was seized vide memo (Ex.PW6/F). The case proper y was deposited with MHC Vijay Prakash (PW5), who deposited it in Malkhana and made an entry at Serial No.1336/221/08 (Ex.PW5/A). He handed over the sample bottles and the seal impression to HC Amar Nath (PW7) with a direction to carry them to RFSL, Gutkar vide RC No. 186/8 (Ex.PW5/B). Amarnath deposited all the articles at RFSL, Gutkar and handed over the receipt to MHC Vijay Prakash on his return. The result of the analysis was issued, mentioning that blue kerosene was detected in the sample bottles. The blue colour was being used by the Public Distribution System in kerosene. The statements of witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and presented before the learned Trial Court.

(3.) Learned Trial Court charged the accused with the commission of an offence punishable under Sec. 7 of the EC Act, to which he pleaded not guilty and claimed to be tried.