SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 5th April, 1983, rendered by the learned Sessions Judge, Ropar, whereby Shamsher Singh and Karnail Singh appellants were convicted for the offence under sections 500 and 501, Indian Penal Code, respectively and each one of them was sentenced to undergo four months' simple imprisonment and to pay a fine of Rs. 250/- or in default of payment of fine, to undergo further two months' simple imprisonment.

(2.) THE prosecution case as set up at the trial was that the appellants printed and got published in the issue of Weekly "Sachittar Punjab Patrika" dated January 19-25, 1981, the following news item captioned as 'Ke Sarkar Partal Karwaigi Ropar De Petrol Pumpan De Malkan Ton Paise Battoran Lai Controller Maap Te Tol Punjab Wallon Kojhi Karwai," In that news item, it was mentioned that their special correspondent had reported that a day prior to the visit of Ropar district by Smt. Indira Gandhi on 29th December, 1980, Shri Amarjit Singh, Controller, Weights and Measures, Punjab, made checking of petrol pumps in Ropar district and cancelled the license of Koshal Service Station and Aljit Service Station, on the basis of short age of measures employed by them; Thereafter, he went to Kiratpur Sahib and closed there three petrol pumps on the same ground. The proprietor of one of those petrol pumps, who is ex-serviceman, represented there that the measure with the Chief Controller was larger than the standard measure. Thereupon, the Controller lost temper and exchanged hot words with him. When the measure with the Chief Controller was compared with the standard measure with the Inspector, Weights and Measures, it was found that former accommodated 50 milligrams of more petrol than the latter. It was apparent that the said five petrol pumps had been sealed on wrong basis, for the measures employed therein were not actually short and shortage thereof was indicated on account of employment of defective measure for checking. In spite of discovery of the said defect in the measure with the said Controller, Weights and Measures, the petrol pump of Singh Service Station was sealed. According to the special correspondent, the said defective measure was intentionally employed so that by representing artificial shortage of the measures employed in their petrol pumps, illegal gratification could be extorted from their proprietors. After seeing all this, the people were feelings turned and were saying that if the fence engulfs the field, the crop cannot be protected and that if the head of Weights and Measures department, makes checking by employing defective measure, correct measurements cannot be made. In that news item, it was further mentioned whether the Punjab Government would take strict action against this wrong by getting held high level enquiry, revoke the proceedings launched against the petrol pump dealers of sealing their petrol pumps and provide guarantee against such harassment of petrol pump dealers, in future. According to the prosecution, the aforesaid news item is defamatory to P.W. 2 Amarjit Singh. Controller, Weights and Measures, Punjab in respect of his conduct in the discharge of his official duties as a Public servant employed in connection with the affairs of the State of Punjab.

(3.) THERE is no controversy regarding facts. Admittedly Shamsher Singh and Karnail Singh appellants are, respectively, Editor and Printer/Publisher of the said Weekly "Sachittar Punjab Patrika," S.A.S. Nagar, Mohali and they printed and published the aforesaid news item in the issue dated January 19-25, 1981, of the said Weekly. The alleged imputation was made against, P.W. 2 Amarjit Singh, Controller of Weights and Measures, Punjab, through the news item, Ex. P.1/A, as described in the earlier part of the judgment. But, in my considered view, the aforesaid publication will not come within the mischief of section 500 or 501 of the Indian Penal Code. It is in evidence that the appellants did not know Amarjit Singh (P.W.2). Amarjit Singh PW has also admitted that he had not known the appellants earlier and there is nothing on the record to show that the appellants had any malice against Amarjit Singh PW. It is also in evidence that the Prime Minister was to visit Anandpur Sahib, Ropar district one day after the raids were conducted by P.W. 2 Amarjit Singh. The news item only asked the State Government to hold enquiry into the matter as the petrol pump dealers had doubt the bonafides of P.W.2 Amarjit Singh. Moreover, there was difference in the measurement used by Amarjit Singh (P.W.2) and the standard measure with the Weights and Measures Inspector. Whatever the Press Correspondent had reported they published in good faith in the interest of general public. It is also not proved on the record that the Government had held any enquiry in the matter. It was incumbent upon the Government to associate the appellants or the petrol pump dealers in the enquiry, but instead of holding the enquiry or going into the truthfulness or the falsity of the news item in the aforesaid Weekly, the prosecution resorted to prosecute the appellants.