STATE OF H.P. Vs. KARNAIL SINGH

JUDGEMENT

(1.) THIS criminal appeal under Section 378 of the Code of Criminal Procedure is directed against the judgment dated 29.2.2000 passed by the Special Judge, Una whereby he has acquitted the accused of having committed an offence punishable under Section 7 of the Essential Commodities Act, 1955.

(2.) BRIEF facts of the case are that the complainant Ravinder Kumar Jaswal, Inspector, Food and Civil Supplies was inspecting a shop at Mehatpur on 25.10.1996. In the meantime, a truck halted in front of the shop. Complainant heard the sound of a gas cylinder falling down. He came out of the shop and found that a LPG cylinder was lying on the road. The driver of the truck (accused) was counting some money. The complainant took the money amounting to Rs.140/- into his possession. He also found that the cylinder was empty and took the same into his possession. One person ran away from the spot. He took into possession the empty cylinder vide memo Ex.PA in the presence of two shop-keepers Satish Kumar and Ravinder Kumar. He thereafter drew up a record of the proceedings vide Ex.PB. He thereafter took into possession bill Ex.PC and sales tax form Ex.PD. According to the voucher Ex.PC, 306 filled cylinders of LPG were loaded in the truck. They were to be taken from the Bottling Plant at Baddi to Palam Gas Service, Palampur. Thereafter all the cylinders in the truck were checked. Four cylinders were found to be empty. According to the complainant, this fact itself showed that four filled cylinders had been sold or other wise parted with by the accused.

(3.) THE prosecution examined as many as 7 witnesses. Thereafter the statement of the accused under Section 313 Cr.P.C. was recorded.