MAHESH GROVER,J - (1.) THE appellant Gurdeep Singh along with one Mahi Pal Singh was sent up to face trial for having committed an offence under Section 7 of the Essential Commodities Act, 1955. They were convicted vide judgment dated 4.1.1995 to undergo RI for 3 years and to pay a fine of Rs. 1,000/- each. In default of payment of fine they were further directed to undergo RI for a period of 6 months each.
(2.) IT is worthwhile to mention over here that vide separate order dated 26.7.2006 the appeal filed by Mahi Pal bearing Criminal Appeal No. 72-SB of 1995 arising out of the same judgment is said to have been abated. Briefly, the facts of the case are that on 15.4.1993 SI Om Parkash of CIA Staff, Karnal was present near Sessions Court Chowk, Karnal along with other police officials. He received a secret information that one Mahi Pal depot holder and Gurdeep Singh shop-keeper were indulging in mal-practices and selling kerosene oil in violation of the Haryana Kerosene Dealers Licensing Order, 1976. On receipt of this information SI Om Parkash went to the office of Food and Civil Supplies and joined Manmohan Singh Asstt. Sub-Inspector of the said department and proceeded towards village Gogripur to conduct a raid. On reaching there he went to the depot of Mahi Pal accused. Mahi Pal was found to be absent and his wife was there. The raid was conducted in her presence. The register of the actual stock of the kerosene oil was checked at the spot by Manmohan Singh, Asstt. Sub-Inspector and was found to be short. A report was accordingly prepared and the registers were taken into possession. No kerosene was found in the depot and drums were lying empty. The police party prepared seizure memos of the registers, etc. and then proceeded towards the shop of Gurdeep Singh appellant. On reaching there the police party found Gurdeep Singh present in his shop. The furnaces which were operational in the shop were found connected with the drums of kerosene which were lying on the roof of the third floor of the shop. The pipes were found fitted to these kerosene drums leading to the furnaces. The appellant was found to be in possession of 600 litres of kerosene. He could not show any permit or licence for retaining such a huge quantity of kerosene. Recovery memo was prepared and a ruqa was sent to the police station on the basis of which a formal FIR was recorded. Appellant Gurdeep Singh was arrested on the same day while Mahi Pal was arrested on 26.4.1993.
(3.) ON completion of the investigation, a challan against both the accused persons was submitted for having violated the provisions of Section 7 of the Essential Commodities Act and the Haryana Kerosene Dealers Licensing Order, 1976. Thereupon notice was issued to both the accused persons. The allegation against the appellant Gurdeep Singh was that he had purchased the kerosene in black market from Mahipal @ Rs. 4/- per litre instead of Rs. 2.81, whereas the allegation against Mahi Pal was that he had sold 800 liters kerosene to the appellant at the aforesaid rate. Both the accused pleaded not guilty and claimed trial.;