SHAM SUNDER, J. - (1.) THIS appeal is directed against the judgment of conviction dated 17.3.1997, and the order of sentence dated 20.3.1997, rendered by the Court of Special Judge, Narnaul, vide which it convicted the accused/appellant Dhanpat Singh, for the offence punishable under Section 7 of the Essential Commodities Act, 1955 (hereinafter called as 'the Act' only), and sentenced him to undergo rigorous imprisonment for a period of three years, and to pay a fine of Rs. 2000/-, and in default of payment of the same, to undergo rigorous imprisonment for another period of six months.
(2.) THE facts, in brief are that, the accused is the owner of "Ateli Service Station" (Indian Oil Petrol Pump), situated at Ateli. On 27.11.1990, the samples of diesel and petrol from the said petrol pump, were taken, by Shri Devender Singh, the then Sub Divisional Officer (C)-cum-Sub Divisional Magistrate, Narnaul. The sample bottles were deposited in the office of the Collector, Narnaul, on the same day. The same were sent to the Forensic Science Laboratory, Madhuban, for analysis. Vide report dated 14.2.1992 (Ex.PB) of the Assistant Chemical Examiner to Government of Haryana, F.S.L. Madhuban (Karnal), it was opined that the sample of petrol did not conform to ISI specifications of petrol and was found to contain approximately 5% kerosene oil. The sample of diesel was found according to the ISI specifications. On receipt of the report of the Forensic Science Laboratory, Madhuban, the District Food and Supplies Controller, Narnaul, wrote a letter dated 10.2.1994 to the Superintendent of Police, Narnaul, for the registration of a case against the accused, on the basis whereof, formal FIR, carbon copy of which is Ex.PA/1, was registered at Police Station Ateli. The accused was arrested. After the completion of investigation, the accused was challaned. On his appearance, in the Court of the Special Judge, Narnaul, charge under Section 7 of the Act, for contravening the provisions of Section 2 (e) and Section 4(b) of the Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990, was framed, to which he pleaded not guilty, and claimed trial.
(3.) THE prosecution, in support of its case, examined Shri Chand, SI (PW-1), Ram Sharma, Reader to S.D.M. (PW-2), J.B. Gondia, D.F.S.C., Rewari (PW-3), Vijay Kumar, Constable (PW-4), Ram Bhagat, SI (PW-5), Subhash Chander, ASI, Cooperative Societies, Police Cell, Ambala (PW-6), Krishan Kumar, ASI (PW-7), and Devender Singh, IAS, Deputy Commissioner, Gurgaon (PW-8). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.;