HARBANS SINGH RAI,J - (1.) PREM Chand and Dharam Pal were convicted by Special Judge, Gurdaspur, under Section 7 of the Essential Commodities Act and Sentenced to undergo R.I. for six months each and to pay a fine of Rs. 500/- each, in default of payment of fine further R.I. for three months each. Feeling aggrieved, they have filed this appeal.
(2.) THE prosecution story is that on May 20, 1985, S.I. Gurjit Singh of Police Station Narot Jaimal Singh, District Gurdaspur, organised a Nakabandi on the road leading from Narot Jaimal Singh to Nagri (J&K). The Nakabandi was laid on a point 50 yards away from the boundary of State of Jammu and Kashmir. At about 4 a.m. on May 21, 1985, Truck No. JKP-7231 came from Nagri side. S.I. Gurjit Singh flashed torch light at the truck and ordered its deriver to halt the truck. Prem Chand and Dharam Pal were found sitting beside him. The truck was loaded with 43 bags of paddy. Paddy was weighed at the spot. Samples were taken and sent for analysis. A import and export of paddy was prohibited, the appellants committed violation of the provisions of Punjab Paddy and Rice Export and Import Control Order. They were challenged, tried and convicted by the Special Judge. Prosecution in suport of its case examined H.C. Yash Pal PW1, who stated that he was a member of the Nakabandi party. The nakabandi was held on the road leading to village Nagri (J&K) from Narot Jaimal Singh at a distance of 100 yards from Fathepur Chowk. At about 4 a.m. on May 21, 1985, truck No. JKP-7231 came from village Nagri side. Both the appellants were in the truck. The truck was stopped. It contained Paddy which was taken into possession. He further stated that village Bakhri and Janial are in Punjab and are situated quite close to Jammu and Kashmir border. He also stated that if one comes from villages Bakhri and Janial and has to go Narot Jaimal Singh, he has to pass through Fatehpur Chowk, and the Nakabandi was held within the revenue limits of Taloor. Village Taloor is in Punjab. He pleaded ignorance to the fact whether the paddy belonged to Ashwani Kumar of village Bakhri and as to whether the paddy was being taken to Dinanagar for sale in the market. He also stated that paddy was Basmati and not Parmal. PW2 S.I. Gurjit Singh also supported the prosecution case. PW6 J.K. Soodan, Junior Analyst, Food and Supplies Department, Gurdaspur, stated that the sample of the Paddy seized were Parmal and he analysed the same. Rest of the PWs are formal.
(3.) AFTER close of the prosecution, the appellants in their statements denied the prosecution allegations and pleaded that the Paddy in question belonged to one Ashwani Kumar of village Bakhri which falls within the area of Punjab State and is close to village Nagri situated in Jammu and Kashmir State. The Paddy was being taken to Dinanagar for sale in the market and one has to pass through Fatehpur Chowk in order to come to Dinanagar from village Bakhri.;