R.P.NAGRATH, J. - (1.) THE appellant faced trial of the charge that in the month of July, 1985 being a salesman of CONFED branch at Mohindergarh, he contravened the terms and conditions of Haryana Prevention of Hoarding and Maintenance of Quality Order 1977, whereunder the appellant was required to distribute whole quantity of imported sugar to the ration card holders at fair price and thereby committed an offence punishable under Section 7(1)(a)(ii) read with Section 3(2)(f) (a) of Essential Commodities Act, 1955. The Special Judge convicted the appellant of the said charge and awarded him sentence to undergo rigorous imprisonment for 4 years and to pay fine of Rs. 2000/ -, in default to further undergo rigorous imprisonment for one year.
(2.) THE appellant was a salesman of the retail centres and entrusted with 133 quintals of imported sugar for the month of July, 1985, for distribution of 5 kgs. of sugar to the card holders @ Rs. 6/ - per kg. during that month. The record of sale registers and rations cards was checked. It was found that the appellant had made bogus entries in the sale registers showing sale of sugar at fair price to the residents of villages Lawan, Malra and Khudana. On verification it was found that in the sale register of the ration card holders of village Lawan entries were made on various dates of the month of July, 1985 at serial Nos. 322, 325, 377, 506, 388, 409, 525, 430, 633 and 427 showing sale of imported sugar to the ration card holders and similar entries were found existing at serial Nos. 1429, 233, 1445, 1444, 1442, 1332, 1430, 1403, 1302 and 1303 of register of village Malra; and for village Khudana against serial Nos. 954, 955, 992, 953, 916, 933, 949, 960, 957, 669 and 958, but supply of controlled sugar was neither made to the said ration card holders nor it was found having been actually sold to them.
(3.) CERTAIN residents of these villages made written complaints that they had not received the controlled/imported sugar in the month of July, 1985. The complaint made by 12 residents of village Khudana is Ex. PA. Statements of various residents of these three villages were also recorded that they had not received the sugar for the said month from CONFED centres Mohindergarh.;