DHARAM PAL PURI Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the judgment of the Court of learned Special Judge, Shimla, dated 22.1.2000, vide which the appellant was held guilty under Sections 3 and 7 of the Essential Commodities Act read with Clause 3 of the H.P. Trade Articles (Licensing and Control) Order, 1981. The appellant was sentenced to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs. 500/ -. In default of payment of fine, the appellant was to undergo simple imprisonment for a further period of one month.

(2.) BRIEFLY stated the facts of the case are that on 2.11.1998, a raiding party headed by Sub Divisional Magistrate (Rural), Shimla and comprising of two Inspectors of Food and Supplies, namely, PW -2 Smt. Neelam Sharma and another Inspector went to the shop of M/s. Lachhman Dass Sain Ditta Mali, Kachighati Taradevi. The appellant was found present in the shop. 84 bags of wheat flour weighing 42 quintals were found lying in the shop. At the time of conducting of the raid, PW -1 Amitabh Avasthy, SDM (Urban), had also associated PW -5 Diwan Thakur an independent witness and other persons as members of the raiding party. The appellant/accused failed to produce any license to store the wheat flour in those premises. The wheat lying there was seized and was given on sapurdari of the accused. A report was also sent to the S.H.O. Police Station, Boileauganj and a case was registered and after investigation, the challan was filed a against the appellant.

(3.) I have heard learned Counsel for the parties and have also gone through the record. The first point raised by the learned Counsel for the appellant was that the wheat was being carried to the shop of the appellant at Anaj Mandi, Shimla and since the truck in which the wheat was being carried developed some mechanical defect, the wheat was unloaded on the road side and was not lying inside the shop and since there was a restriction for taking the truck and prohibition from 10.00 p.m. to 6.00 a.m., therefore, the wheat was kept on the road side and in the mean while, raid was conducted and the wheat was taken in possession by the raiding party. Thus, it was submitted that the wheat had not been kept inside the shop and was not transported to the shop at Anaj Mandi, Shimla. Therefore, no offence whatsoever was committed by the appellant.