RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAJ Kumar and Sarmukh Singh appellants have by way of this appeal challenged the order of the Special Judge, Ropar, dated 11th November, 1983, convicting and sentencing them to rigorous imprisonment for one year and a fine of Rs. 500 each, in default further rigorous imprisonment for three months each, under section 7 of the Essential Commodities Act.

(2.) ON the night intervening 11th and 12th January, 1983, at about 5 a.m. truck No. PBW 2177 was apprehended near Jagatpura barrier by Chhajja Singh, Sub-Inspector of Food and Surplices Department and Head Constables Didar Singh and Piara Singh PWs. The truck was being driven by Sarmukh Singh appellant. Raj Kumar appellant was sitting by his side. The truck was carrying 111 quintals and 95 kilos of paddy. Neither of the appellants could show any permit for the transport of the same. The truck was taken into possession vide memo Exhibit PA and a first information report was lodged at Police Station, Mubarikpur, on 12th January, 1983, at 8.15 a.m. The first information report is Exhibit PC/1. Since vide notification No. GSR-92/GA/55/S-3/81, dated 22nd October, 1981, paddy was declared as an essential commodity and the movement of the same outside Punjab from the State of Punjab was an offence, the appellants were challenged and convicted as stated above.