Criminal Appeal No. 787-SB of 1996

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

***

Criminal Appeal No. 787-SB of 1996

Date of decision: 6th February, 2008

Hari Chand

...

Petitioner

Versus

State ( U.T.) Chandigarh

...

Respondent

Present:

Thakur Kartar Singh, Advocate

for the appellant.

Mr. Hemant Bassi, Advocate

for respondent-UT Chandigarh.

...

CORAM:

HON'BLE MR. JUSTICE HARBANS LAL

HARBANS LAL, J

This appeal has been directed against the judgment/order of

sentence dated 22.11.1996 rendered by the Court of learned Special Judge,

Chandigarh, whereby he convicted and sentenced Hari Chand accused to

undergo rigorous imprisonment for 3 months and to pay a fine of Rs.2,000/-

and in default of payment of fine, to further undergo rigorous imprisonment

for one month under Section 7 of The Essential Commodities Act, 1955

( for brevity, 'the Act' ).

Criminal Appeal No. 787-SB of 1996

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Shorn of all unnecessary details, the facts of the prosecution

case are that on 18.9.1992, Sunil Kapur, Inspector Food and Supplies, in the

company of P.K.Dhawan, Narinder Kumar and Sushil Kumar Gupta, also

Inspectors of the aforesaid department, conducted a raid on the business

premises of M/s. Sharma and Company situated in Shop No. 1034, Sector

22-B, Chandigarh, where the accused was found present, being the

Proprietor of the aforesaid firm. He was found in possession of Exercise

Books, Candles, Edible Oil, Cold Drinks etc. for the purpose of sale in his

shop premises but without having displayed any price list of the above

mentioned articles in his shop premises. Thus, he was found contravening

the provisions of the Act. On receipt of telephonic message from sunil

Kapur Inspector, the police party headed by SI Sarwan Singh reached there.

A written complaint, Ex. PA was presented by Sunil Kapur before SI

Sarwan Singh, who made his endorsement on it and sent the same to the

Police Station, where on its basis, formal F.I.R was recorded. Then, Sunil

Kapur produced three packets of Candles, 3 dozen of Exercise Books, 12

Containers of Mustard Oil, 12 Packs of Dhara brand Refined of one litre

each, on crate of mixed Cold Drinks, one rate list before SI Sarwan Singh,

who seized these articles vide Memo. Ex. PD. The statement,Ex.PE of

accused Hari Chand was also produced before the aforementioend Sub

Inspector, who prepared the rough site-plan showing the place of recovery,

recorded the statements of witnesses and on return to the Police Station,

deposited the case property in the Malkhana. At the time the Sub-Inspector

reached the aforesaid premises, the accused was not found present there and

he was formally arrested on 24.9.1992. The specimen signatures and

handwriting of the accused were obtained before Mr. P. K. Sharma,

Criminal Appeal No. 787-SB of 1996

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Executive Magistrate on 26.8.1993. The same were got compared with the

specimen handwritng and signatures of the accused from the handwriting

expert. After completion of investigatin, the charge sheet was laid in the

Court of Special Judge, Chandigarh.

The accused was charged under Section 7 of the Act to which

he did not plead guilty and claimed trial.

To bring home guilt against the accused, the prosecution

examined Baldev Singh PW-1, Jaswant Singh PW-2, Swaran Singh

Badhawan PW-3, Sunil Kapur Inspector PW-4, R. K. Dhawan Inspector

PW-5, P.K.Sharma PW-6, Santokh Singh, Government Examiner of

questioned documents PW-7, R.C.Bhalla, Junior Assistant PW-8, Sant Ram

PW-9, Harjinder Singh PW-10, Sukhdyal Singh MHC PW-11, Sarwan singh

SI PW-12 and closed its evidence.

When examined under Section 313 of the Code of Criminal

Procedure, the accused denied all the incriminating circumstances appearing

in the prosecution evidence against him and pleaded false implication. He

examined Constable Mohinder Singh of Police Station, Sector 17,

Chandigarh as DW-1 in his defence.

After hearing the learned Public Prosecu