JUDGMENT :

Rajesh Bindal, J.

1. The judgment of the High Court of Punjab & Haryana in Criminal Appeal No. 562SB of 1997 dated January 15, 2010 is under challenge in this Appeal.

2. The appellants are aggrieved of their conviction under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as ‘the Act’).

3. The Trial Court vide judgment and order dated July 8, 1997 had convicted the appellants and directed them to undergo imprisonment for a period of six months alongwith fine of Rs. 500/ each.

4. The facts, as are available on record, are that on 26.02.1995, Sub-Inspector of Police alongwith other police officials was present at bus stop, Phagwara. They received a secret information that the appellants were indulging in selling gas cylinders in black. They were charging Rs. 250/(Rs. two hundred and fifty only) instead of the prescribed rate of Rs.102/(Rs. one hundred and two only). Their truck bearing No. HR05A4918 was parked in front of Chawla Auto Workshop. Finding the information to be reliable, FIR was registered and police officials went at the spot and apprehended the accused. They were taken into custody.

5. In the evidence led before the trial court, none of th