OM PARKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgment of Judge, Special Court, for Kangra. Hamirpur, Una and Mandi Divisions in Case No. 6-1/85 decided on 28-10-1986 for offences under Sections 3/7 of the Essential Commodities Act, 1955 read with clauses 5 (a) and 5 (c) of the Himachal Pradesh Commodities Price Marking and Display Order, 1977. By this judgment, the Appellant has been sentenced to three months simple imprisonment and to a fine of Rs. 300. In default of payment of fine, to further undergo simple imprisonment for 15 days.

(2.) The facts, in brief, are that the Appellant is running a Karyana shop at Mehatpur in the name and style of M/s. Om Prakash Kamal Kishore. Kamal Kishore, one of the partners, has been acquitted and no appeal has been filed against his acquittal by the State.

(3.) On 2-9-1985, Shri Shakti Singh (PW 1) and Roshan Lal (PW 2), Inspectors, Food and Supplies, posted at Una and Bangana, inspected the shop of the Appellant alongwith Chander Mohan (PW 3) and Ishwar Dass and it was found that the rate list (Ex. PA) did not contain 'Sapan Baby Milk' and 'Dal Chana' although they were actually found kept in the shop for the purpose of sale These were seven tins of milk and the same were sealed besides 6 quintals and 7 Kgs. of 'Dal Ghana'. It was also detected that the rate of 'Moong Sabat' was exhibited as Rs. 6.25 paise per kg. and credit cash memos issued by the Appellant showed Rs. 7.50 paise to have been received by the Appellant. Similarly, for 'Mash Desi Sabat', the price exhibited for sale was at the rate of Rs. 6.10 paise per kg. though in the credit cash memos the sale was shown at Rs. 6.50 per kg. These credit and cash memos were also taken into possession from the said firm. Shakti Singh (PW 1) also took into possession bill dated 11-7-1985 issued by M/s, Ramji Dass Avinash Kumar (Ex. P-1) establishing the existence of 'Sapan Milk' tins in the shop of the Appellant for sale. Bill (Ex. P-2) relating to 'Dal Chana' was also taken into possession. Statement of the Appellant (Ex. PC) was recorded by Shri Shakti Singh (PW 1) in the presence of witnesses and after coming to the conclusion that the Appellant had contravened the provisions of Clauses (5)(a) and 5 (c) of the Himachal Pradesh Commodities Price Marking and Display Order, 1977, First Information Report (Ex. PD/1) was lodged and afterwards challan was filed in the court.