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1989 Supreme(P&H) 703

S.S.DEWAN
Amrit Lal – Appellant
Versus
State Of Punjab – Respondent


Judgment

S.S.Dewan, J.

1. Amrit Lal and Kailash appellants alongwith three other accused, namely, Parjain Kumar, Hem Raj and Mallah alias Mela alias Gurmail Singh were tried for the offence under Section 7 read with Section 3 of the Essential Commodities Act read with clause 13(1)(a) of the Fertilizer Control Order. The aforesaid two appellants were convicted under the said offence and sentenced to two years R.I. and a fine of Rs. 2,500/- or in default to undergo further R.I. for six months each. The aforesaid three accused were, however, acquitted of the charge. Amrit Lal and Kailash appellants have challenged their conviction and sentence in this appeal.

2. The prosecution case is that on 11th August, 1984, Gurmukh Singh, Chief Agricultural Officer, Ludhiana accompanied by his two Inspectors Gurnam Singh and Jasbir Singh raided the house of Amrit Lal accused in village Chhapar, where all the accused were present. In one of the rooms of the house of Amarit Lal, a heap of material resembling Zinc Sulphate was lying and besides that heap 85 bags containing Zinc Sulphate were lying. After completing the formalities, Gurnam Singh Inspector took two samples, one from the heap and the ot


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