Ashutosh Mohunta, Actg. C.J. - (1.) THE appellants have filed the present appeal against the judgment dated 10.12.2002 passed by Special Judge, Fatehgarh Sahib vide which they were convicted under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') and were sentenced to undergo RI for four years each. Appellant No. 1 Anil Kumar @ Neelu, Rajesh Thor appellant No. 2., Mohan Lal, appellant No. 5 and Madan Lal appellant No. 6 were also ordered to pay fine of Rs. 5,000/ - each, whereas appellant No. 3 Balwant Singh, appellant No. 4 Gurmail Singh, appellant No. 7 Balbir Singh and appellant No. 8 Munna Lal were ordered to pay fine of Rs. 500/ - each and in default of payment of fine each of them were ordered to undergo RI for four months under Section 7 of the Act.
(2.) BRIEFLY , the facts of the case are that on 30.11.1995, Lakhvir Singh, Officer Incharge of the Police Station Gobindgarh accompanied by SI Sukhdev Singh, ASI Mohinder Singh, ASI Gurdial Singh, Constable Gulshan Kumar 465 and SPO Ranjeet Singh 200 were on patrolling duty at Gol Chowk Gobindgarh, where he received a secret information to the effect that Anil Kumar @ Neelu and Rajesh Thor son of Manmohan Parshad Thor were owning tankers and indulging in the manufacturing of duplicate furnace oil by mixing kerosene with coaltar. It was further informed that the tanker No. PB -23 -3268 being driven by Balwant Singh and tanker No. PJI 7131 being driven by Gurmail Singh are carrying duplicate furnace oil and if raid is conducted then these persons can be apprehended red handed. Upon receiving this information, Lakhvir Singh, Officer Incharge of Police Station Gobindgarh sent ruqqa Ex. P -3 to Police Station at 6.10 A.M. for registration of the case against the four accused and on its basis FIR Ex. P -4 was registered by MHC Hans Raj. Thereafter the police party proceeded towards turning of village Tooran and put up barricades there. After 15 -20 minutes the aforesaid two tankers driven by Balwant Singh and Gurmail Singh were intercepted and drivers of the said tankers were arrested on the spot, while their owners Anil Kumar @ Neelu and Rajesh Thor allegedly fled away from the spot. On checking of Tanker No. PB -23 -3268, 12000 liters furnace oil was recovered from all the four chambers. Samples were drawn and were sealed with seal bearing impression 'LS'. Likewise, on checking of Tanker No. PJI -7131, 12000 liters of duplicate furnace oil was recovered from all the three chambers. Here also, samples were drawn from all the chambers and were sealed with the impression 'LS'. Samples of the case property were taken into possession, which were duly attested by SI Sukhdev Singh and ASI Mohinder Singh. The accused who were arrested, suffered disclosure statement Exhibits P10 - & P -11 disclosing that their owners prepare duplicate furnace oil which was dumped in tankers underneath ground in the fields of village Kumb. Officials of the Food and Civil Supply Department S/Sh. Mohinder Singh Cheema, FSO, Amloh, Sant Singh, AFSO and Sh. Janak Raj, Inspector were joined in the investigation of this case. In the meantime, DSP Shamsher Singh and Sh. Gian Chand, Tehsildar also reached there. In the presence of aforesaid witnesses 10 underground tanks, containing 80,000 liters of duplicate furnace oil was recovered. Samples were drawn from each of the tanks by the officials of the Food and Civil Supply Department as per procedure. Two tankers having registration No. PB -11 -C -4677 containing kerosene oil and No. PAT -7168 containing 3000 ltrs furnace oil were also standing there. Samples from those tankers were also taken. Drivers of the said tankers, namely, Munna Lal and Balbir Singh were also arrested in the case. All the accused were challaned and sent up for trial.
(3.) ON the basis of the offence narrated in the FIR all the accused were charge -sheeted under Section 7 of the Essential Commodities Act for contravening the provisions of Punjab Light Diesel Oil and Kerosene Dealers Licensing Order, 1978 vide order dated 5.11.1996.;