NEGI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This criminal revision petition is directed against the appellate order passed by the Sessions Judge, Kangra Division, Camp at Chamba dated Nov. 24, 1984, whereby the appeal of the revisionists Negi Ram and his son Baldev Raj against their conviction under Sec. 7 of the Essential Commodities Act (hereinafter referred to as 'the Act') for contravening the provisions of the Himachal Pradesh Hoarding and Profiteering Prevention Order, 1977, (hereinafter referred to as 'the Prevention Order') was dismissed. The science, however, was modified to the extent that the period of imprisonment of six months against of the revisionists, as imposed by the trial court, was reduced to three months each.

(2.) The two revisionists were, at the material time, running a 'kariyana' shop in village Tarvai, Pargana Tissa, Tehsil Churah, District Chamba, in the name and style of M/s. Negi Ram and Baldev Raj. On Dec. 13, 1981, Amin Chand who at that time was posted as Inspector Food and Supplies, Chamba District, Inspected the shop of the revisionists in their presence when he found that the sale price of 'Dal Mungi Dhuli' as displayed by them in the price list was at Rs. 5.95. per kg. The said Inspector then checked up by calculations whether this price was in accordance with the price as fixed in respect of this commodity by the District Magistrate, Chamba, under notification dated Aug. 29, 1981, published in the Rajpatra of Nov. 7, 1981, and it was found that the price as fixed vide this notification ought to have been at the rate of Rs. 5.83 per kg. and thus the revisionists were selling the same in excess of its fair price at the rate of 12 paise per kg. which was in violation of the said notification read with the provisions of the prevention order.

(3.) The said Inspector then got a case registered against the revisionists under Sec. 3 read with S. 7 of the Act in Police Station, Tissa, which ultimately resulted in their challan before the Chief Judicial Magistrate, Chamba. The learned Chief Judicial Magistrate, Chamba accordingly charge-sheeted them. The revisionists however, pleaded not guilty to the charge and claimed trial.