LUDER CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The accused has come in appeal against the judgment dated 20.2.2002 passed by the learned Special Judge, Kullu in Sessions Trial No. 01/2001 convicting the appellant under Sections 3, 7 of the Essential Commodities Act, 1955 (for short 'Act') and sentencing him to rigorous imprisonment for 6 months and to pay fine of Rs. 2000/-. In default of payment of fine, the appellant shall further undergo imprisonment for one month.

(2.) The prosecution case, in brief, is that PW-1 Sesh Ram, District Food and Supplies Controller, Kullu on 26.4.1998 had received information that three-wheeler bearing registration No. HP-05-0934 had been brought for selling kerosene oil in black market. He inspected threewheeler at Akhara Bazar, Kullu which was being driven by PW-2 Karam Singh, who disclosed that kerosene oil was supplied by accused, salesman Harijan Cooperative Society, Bashing (for short 'Society') to PW-4 Hari Singh. The kerosene oil 150 litres was kept in six containers of twenty litres and one container of thirty litres. The kerosene oil was purchased at the rate of Rs. 3/- per litre from appellant. The kerosene oil was seized and handed over to PW-6 Jagdish Sharma, depot-holder on supardari vide memo Ex.PW-1/A. PW-1 Sesh Ram checked the stock, sale register of the Society and found that the register was incomplete. The three registers Ex.P1, Ex.P-2 and Ex.P-3 were seized vide memo Ex.PW-1/B. The bills Ex.P-4 and Ex.P-5 under which the kerosene oil was purchased by the Society were also taken into possession vide memo Ex.PW-1/C. The kerosene oil 150 litres found in stock was also seized and entrusted to appellant vide memo Ex.PW-1/C. The statements of Hari Singh and appellant were recorded by District Inspector and attested by District Food and Supplies Controller.

(3.) On 27.4.1998 PW-1 Sesh Ram had addressed a complaint Ex.PW-1/G to SHO, Police Station, Kullu and on that basis, FIR Ex.PW- 11/A was registered by PW-11 Parma Nand. During investigation, threewheeler was taken into possession vide memo Ex.PW-1/H. The kerosene oil containers were taken from supardar Jagdish Sharma, PW-6 vide memo Ex.PW-1/J. The samples in nips were separated from seized kerosene oil, sealed and sent for chemical analysis. The analyst report Ex.P13/C certified that the samples were of kerosene oil. On completion of investigation, challan was presented. The notice of accusation was put to appellant under Sections 3, 7 of the Act, to which he pleaded not guilty and claimed trial. The prosecution has examined 13 witnesses and has also placed on record some documents. The statement of appellant was recorded under Section 313 Cr.P.C., he denied that he was working as salesman of the Society or he sold kerosene oil to Hari Singh. One Uttam Ram was examined in defence. The learned Special Judge, ultimately convicted and sentenced the accused, hence the present appeal.