KANWALJIT SINGH AHLUWALIA, J. - (1.) APPELLANT Kalu Ram son of Ohri Lal has filed the present criminal appeal on being aggrieved against the judgment dated 28.11.1997 passed by learned Special Judge, Chandigarh, whereby he has been convicted under Section 7 of the Essential Commodities Act, 1955 (for short "the Act 1955") and sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs. 1,000/-. In default of payment of fine to further undergo rigorous imprisonment for three months.
(2.) KALU Ram appellant was charged by learned Special Judge, Chandigarh on 7.5.1996. That in the area of Motor Market, Manimajra, on 9.11.1994 he was found in possession of one half drum having 30 liters of kerosene oil, one poly container having approximately 35 liters of kerosene oil along with one liter measurement and one funnel without valid licence in contravention of the provisions of Punjab Kerosene Dealers Licensing Order, 1966 (as applicable to Union Territory, Chandigarh) (for short "the Order 1966"), and thereby he had committed an offence punishable under Section 7 of the Act 1955. Briefly stated, Deep Singh Sandhu, Inspector, Food and Supplies Department, U.T. Chandigarh, sent a written complaint to the Station House Officer, Police Station Manimajra that as directed by the District Food and Supplies Officer, U.T. Chandigarh, in order to supervise the sale of public distribution of kerosene oil at Manimajra, he along with Sarv Shri Amar Nath, Kamal Kailash and S.P.Manchanda, Inspectors, Food and Supplies Department, U.T. Chandigarh, along with police assistance headed by Sub Inspector Dilbag Singh, and staff visited the Motor Market Complex on 9.11.1994 between 3.00 P.M. to 4.30 P.M. During the course of checking, it was found that the persons, namely Kalu Ram, Babu Lal, Pawan Kumar, Bholla Singh and Chotu have stored and have been selling public distribution system kerosene oil without having any valid licence in contravention of the Order 1966.
(3.) AFTER FIR was investigated, report under Section 173 Cr.P.C. was submitted, and as stated above charge was framed.;