PREM DHAWAN Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal arises out of the conviction of the appellant for offence under section 3 read with section 7 of the Essential Commodities Act, 1955, by the Judge, Special Court for Kangra, Mandi, Kullu, Una and Hamirpur Divisions in E. C. Case No. 4 -III of 1986 decided on 6 -4 -1987 thereby sentencing the appellant for a period of three months (simple imprisonment) and a fine of Rs. 100 and in default of payment of fine to further undergo simple imprisonment for ten days.

(2.) The appellant assails this judgment by way of this Appeal.

(3.) The facts, in brief, are that the appellant is running a vegetable shop in Sarvari Bazar, Kullu. On 14 -2 -1986, Gajan Singh (PW 3), Inspector Food and Supplies, Kullu, visited the shop of the appellant after questioning Sh. Jaswant Singh (PW 1) and Murari Lal Gupta (PW 2) as to the price they paid for the purchase of vegetables from the shop of the appellant. These witnesses revealed that they purchased 1/2 kg. of peas and 1/2 kg. of tomatoes for Rs. 4 from the appellant. Gajan Singh (PW 3) checked the rate list (Ex. P -B) of the appellant and found that the prices of these articles were shown at the rate of Rs. 3.50 per kg. each. It was found to be a case where the appellant had charged more than the rate displayed on the rate list, so, Gajan Singh (PW 3) seized 4 kg. of peas and 4 kg. of tomatoes from the shop of the appellant in the presence of Sh. Jaswant Singh (FW 1) and Murari Lal Gupta (PW 2) after associating Siri Pal, another co -vegetable -seller in the same area, vide recovery memo (Ex. P -A) signed by Gajan Singh (PW 3) besides the other witnesses.