HARBANS SINGH RAI, J. - (1.) THIS order will dispose of four Criminal Appeals Nos. 201-SB (Nathu Ram v. The State of Punjab), 210-SB (Darshan Kumar v. The State of Punjab), 213-SB (Des Raj v. The State of Punjab) and 214-SB of 1986 (Ramji Dass v. The State of Punjab) as the occurrence in all the four appeals was result of a raid conducted in the same village.
(2.) THE prosecution case in all the four appeals is that on August 17, 1983, Mohinder Singh, District Food and Supplies Officer, Mansa, got a tip to the effect that some shop keepers of village Bainiwal were storing wheat beyond the permissible limit for sale. He along with Jagan Nath and Ram Lal Inspectors of Food and Supplies went to Police Station Jaurikian from where he joined Manjit Singh ASI and two Police Constables and then proceeded to village Bainiwal. From village Bainiwal, Jangir Singh Chowkidar and Avtar Singh Sarpanch PWs were co-opted. Nathu Ram, Darshan Kumar, Des Raj and Ramji Dass accused appellants were found in their respective shops. Their shops and houses were raided and the following quantity of wheat was found which was in excess of permissible quantity : i) 26 bags and 102 half bags full of wheat weighing 91 quints 40 kilograms were found at the shop if Nathu Ram; ii) 40 bags and 89 half bags full of wheat weighing 75 quintals 20 kilograms were found at the house which is in a portion of the shop of Darshan Kumar; iii) 30 bags and 17 half bags full of wheat weighing 35 quintals 95 kgs. were found at the house and shop of Des Raj; and iv) 15 bags and 35 half bags full of wheat weighing 32 quintals were found at the house which is contiguous to the shop of Ramji Das. Since the appellants failed to produce any licence for storage of wheat in excess of permissible limits, four separate cases were registered against them at Police Station, Jaurkian and after investigation they were challaned and convicted.
(3.) IN all the four cases i.e. against Nathu Ram, Darshan Kumar, Des Raj and Ramji Dass, the prosecution examined a large number of witnesses, but only Mohinder Singh and Jagan Nath PWs are important for the decision of the case. Both of them have stated that on April 17, 1983, a raid was conducted on the premises of the appellants and wheat was recovered from their possession.;