222 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 06.04.2026 Lahori Ram and another …Petitioners vs.

State of U.T., Chandigarh …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Ms. Manveen Kahlon, Advocate (Amicus Curiae)

for the petitioners.

Mr. J.S.Toor, Sr. Advocate with Mr. Jasbir Singh, Advocate for U.T., Chandigarh.

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N.S.Shekhawat J. (Oral)

1. The petitioners have filed the present revision petition against the impugned judgment dated 18.04.2009 passed by the Court of Additional Sessions Judge, Chandigarh and the judgment of conviction and order of sentence dated 14.03.2006 passed by the Court of Judicial Magistrate 1^st Class, Chandigarh, whereby the petitioners were convicted for the commission of offence punishable under Section 7 of the Essential Commodities Act and were sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500/- each alongwith default stipulation.

2. The brief facts of the case are that Gian Chand, Inspector Food and Supplies, U.T., Chandigarh along with Kanshi Ram and H.R. Kalia, Inspector Food & Supplies, U.T, Chanidgarh were on a routine check up at Village Kajhei on 27.08.2003 under the direct supervision of Assistant Food & Supplies Officer Sh. Kamal Kailash. At about 2.35 p.m., they spotted tow rickshaw rehries carrying 14.2 Kgs. LPG domestic Indian Oil Company cylinders at Kishan Complex in village Kajheri. One of the rehri bearing No. SF-18203 was being driven by Sh. Lahori Ram carrying six LPG cylinders bearing Nos. 74359E, 182450, 122157E, 722375, 324983T and 179616. The second rehri bearing No. SF 222444 of Neelam Mark was being driven by Ram Asre accused. That rehri was also carrying six LPG Cylinders of Indian Oil Company of 14.2 Kgs. domestic cylinders bearing Nos. 082789T, 189039, 525474E, 1797698, 304530 and 040373-S. Out of these cylinders two were filled/sealed bearing No.324983-T and 12275E. As per complainant, both delivery men were supplying LPG domestic (India Oil Company) Cylinders without delivery memo to other than consumers of village Kajheri, which is an offence under the provisions of LPG Control Order 2000, issued under the Essential Commodities Act, 1955. This report is Ex. PW1/B. It was made to SHO, Police Station, Sector 36, Chandigarh. On this report, Dilsher Singh, SI made endorsement Ex. PW5/A, whereupon formal FIR Ex. PW5/B was recorded by Ishwar Singh SI. SI/SHO along with C. Bajinder Singh was present near Kajheri Chowk on patrol duty and checking of crime. On 27.08.2003, when he received a wireless message from MHC, PP Sector 61, Chandigarh that Inspector Foods & Supplies, Sh. Gian Chand had caught Gas Cylinder rehries near Kissan Complex, Village Kajheri and further that they were calling some police officer at the spot. On this information, SI along with constable had reached the spot. He had also called the other police officers through wireless message. Thereafter, Gian Chand, Inspector, Food and Supply produced before police both the aforesaid rehries along with gas cylinders as well as both the accused. Both the rehries and the gas cylinders were taken into possession vide memo Ex. PW-1/E. Gas cylinders are Ex.P-1 to Ex.P-12, whereas, rehries are Ex.P-13 and Ex. P14. Accused were arrested, vide memos Ex. PW-1/C and Ex. PW1/D. An application (Ex. PW5/C) was moved for obtaining the notification. In pursuance with this application, notification (Ex. PW1/A) and order dated 15.11.2000 (Ex. PWI/F) were handed over to the police. Rough site plan of the spot (Ex. PW5/D) was prepared at the instance of Gian Chand. SHO, Police Station Sector 36, Chandigarh authorized SI Dilsher Singh, Incharge/Insp. P.P. 61, Chandigarh to investigate the matter, vide authorization letter Ex. PW5/E.

Statements of witnesses were recorded.

3. After completion of investigation, challan was presented before the trial Court. The trial Court found that a prima facie case under Section 7 of Essential Commodities Act