The judgment emphasizes the limited scope of revision, the principles of evidence under the Indian Evidence Act, and the importance of proving facts to establish guilt.

JUDGMENT :

Ravindra Maithani, J.

Instant revision is preferred against the following:-

(i) Judgment and order dated 26.04.2022, passed in Criminal Case No. 196 of 2015, State Vs. Manish Panwar, by the court of Chief Judicial Magistrate, Tehri Garhwal (“the case”). By it, the revisionist has been convicted under Section 3 read with 7 of the Essential Commodities Act, 1955 (“the Act”) and sentenced to undergo rigorous imprisonment for a period of five years with a fine of Rs.20,000/- with further stipulation that in default of payment of fine the revisionist shall undergo simple imprisonment for a further period of one month and;

(ii) Judgment and order dated 06.09.2022, passed in Criminal Appeal No. 13 of 2022, Manish Panwar Vs. State of Uttarakhand. By it, the judgment and order dated 26.04.2022 passed in the case has been upheld.

2. Facts necessary to appreciate the controversy, briefly stated, are as follows.

PW1 Kishan Singh Bhandari, the Regional Food Officer was told that somebody is unauthorizedly selling diesel at Chamiyala. He was directed by the District Magistrate to look into the matter. On 23.03.2015, PW1 Kishan Singh Bhandari visited the place alongwith PW3 Het Ram Mamgain, The Revenue Sub-Inspector, PW4 Gambhir Singh Bisht, Watchman in a food Godown and PW5 Manoj Barthwal, the Supply Inspector. Two persons, namely, PW6 Soban Singh and a Satey Singh also joined the team at the time of inspection. The keys of the petrol pump were handed over by Satey Singh, the PW2. He was asked to produce the license, which he could not. PW1 Kishan Singh Bhandari in the presence of other witnesses took three samples from the pump and seized it. A seizure memo Ex. A1 was prepared, which was signed by PW1 Kishan Singh Bhandari, PW3 Het Ram Mumgain, PW4 Gambhir Singh Bisht and PW5 Manoj Barthwal. It is the prosecution case that PW6 Soban Singh, who was salesman at the petrol pump and Satey Singh Panwar declined to sign the seizure memo.

3. Thereafter, PW1 Kishan Singh Bhandari informed the District Magistrate and lodged a report Ex. A3. Based on which, an FIR was lodged on 27.03.2015. The investigation was carried out. The samples of the diesel taken from the pump were forwarded by PW1 Kishan Singh Bhandari to the District Magistrate on 24.03.2015. They were examined at the Laboratory of the Indian Oil Corporation. PW9 Anup Singh Rawat proved the report Ex.A7, according to which submits that the samples are in conformity with the high speed diesel. After investigation, charge sheet was submitted. On 09.02.2021, the revisionist was charged under Section 3/7 of the Act for storing and selling biodiesel and high speed diesel. The revisionist did not plead guilty and claimed trial.

4. In order to prove its case, prosecution examined eleven witnesses, namely, PW1 Kishan Singh Bhandari, PW2 Sunder Singh Rawat, PW3 Hetram Mamgain, PW4Gambhir Singh Bisht, PW5 Manoj Barthwal, PW6 Soban Singh Rawat, PW7 Smt. Anju Devi, PW8 Mohd. Akram, PW9 Anup Singh Rawat, PW10 Pradeep Kumar and PW11 Sandeep Bansal.

5. After prosecution evidence, the revisionist was examined under Section 313 of the Code of Criminal Procedure, 1973 (“the Code”). According to him, the witnesses have given false and wrong statement. He did not commit any offence.

6. By the impugned judgment and orders, passed in the case, the revisionist has been convicted and sentenced, as stated hereinbefore. The judgment and order dated 26.04.2022 has been unsuccessfully challenged in appeal. Hence, the revision.

7. Heard learned counsel for the parties and perused the record.

8. Learned counsel for the revisionist would make a number of submissions. According to him, the prosecution has utterly failed to prove that whatever samples were taken on 23.03.2015, was high speed diesel. It is argued that PW9 Anup Singh Rawat, based his report Ex. A7 on one document i.e. 5A/56, which has not been proved, which does not bear any signature and which does not record that the sample was that of high speed diesel.