- (1.) The present appeal on behalf of appellant-Ghansham Dass, is directed against the judgment and order dated 29.08.2001/01.09.2001 (hereinafter referred to as 'impugned judgment') passed by the learned Special Judge, Panipat (hereinafter referred to as 'trial Court'), whereby, he has been convicted for the commission of offence punishable under Section 7 of the Essential Commodities Act (for short, 'the Act') and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5,000/-, or in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. Brief facts of the case in hand, as recorded in the opening para of the impugned judgment, are reproduced as under:-- "The accused has faced trial in this court under Section 7 of the Essential Commodities Act, 1955, on the broad allegations that on or about 6.4.1993 within the area of Panipat, his depot was raided and checked by Gauri Shankar, Inspector Food and Supplies as well as other officials including of Police department and found that there was no display of rate and rate list board and that kerosene oil was found 210 Ltrs. less than the quantity as per record which should have been 1410 Ltrs. but it was 1200 Ltrs. and thus he contravened the provisions of Haryana Commodities Price Marking and Display Order 1976 and further that his measurement of five Ltrs. was damaged by adding cement in it and it used to measure less weight and thus he was selling less kerosene oil by way of this defective measurement and thereby contravened the provisions of Prevention of Hoarding and Maintenance of Quality Order 1977 and further that he had sold kerosene oil in black i.e. at the excessive price by charging Rs. 16/- per five Ltrs. kerosene oil instead of prescribed rate of 14.10 Paise for five Ltrs. kerosene oil and thus he also contravened the provisions of Haryana Commodities Price Marking and Display Order 1976. 2. The allegations of the prosecution against the accused are that being a Depot holder, had been issuing less kerosene oil to the consumers about which the aggrieved consumers presented an application on 6.4.1993 to the Deputy Commissioner, Panipat, upon which raid was conducted and on physical inspection kerosene oil was found 1200 Ltrs. and except sale register there was no record available with him nor the rate was filled in the stock register whereas he had shown sale of 690 Ltrs. of kerosene oil to the consumers but did not get their signatures. He was issued 2100 Ltrs. of kerosene oil and the balance should have been 1410 Ltrs. so there was deficiency of 210 Ltrs of kerosene oil in the stock. Measure of 5 Ltrs. was also taken into possession in which cement was found in the bottom and on measurement it was found that it measured only 3 Ltrs. instead of 5 Ltrs. Statements of consumers were also recorded on the spot regarding less measurement. Moreover, he was charging Rs. 16/- for five Ltrs. kerosene oil instead of 14.10 Paise i.e. the fixed rate. During investigations statements of witnesses were recorded. Accused was arrested and after completion of necessary investigations, the accused was booked for trial under Section 7 of the Essential Commodities Act, 1955, by the Station House Officer, Sadar Panipat."
(2.) After perusal of the Police report and after hearing both the sides, notice of accusations was served upon the accused/appellant, to which he pleaded not guilty and claimed trial.
(3.) In order to substantiate its case against the accused, the prosecution examined Tek Chand, Sub Inspector Food and Supply as PW1; Ram Narain son of Hari Ram as PW2; Ram Dia son of Dhan Singh as PW3; Prem Kumar Sharma, Assistant Food and Supply Officer, Panipat, as PW4; Satbir son of Umed Singh as PW5; Satbir son of Umed Singh as PW6; Ram Karan son of Puran Chand as PW7; Chandgi son of Ram Dhari as PW8; Suraj Mal son of Chanda Ram as PW9; Phulla son of Ram Dhari as PW10; Mohar Singh son of Harphool as PW11; SI Bhullan Singh as PW12; Man Singh, Deputy Superintendent, Office of District Food and Supplies Controller as PW13; and Rajinder son of Bekh Narain as PW14. PWs Mahi Pal, Brij Pal, Gurdial Singh, Ishwar Singh, Suresh Kumar, Ram Parkash, Jhara Parshad and Sardool Singh were given up as having been won over by the accused, whereas, PWs Constable Om Parkash, Gori Shankar Inspector and SI Badan Singh, were given up as unnecessary.;