Dharam Pal vs State of Punjab

Sabina, J.—The appellant was convicted for an offence u/s 7 of the Essential Commodities Act, 1955 (in short ''the Act'') by learned Special Judge, Fatehgarh Sahib vide judgment dated 17.5.2002. Vide order of the even date, the appellant was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for three months under the Act. Hence, the present appeal.

The prosecution story in brief as noticed by the trial Court in para 1 of the impugned judgment reads as under:

On 28.8.1993, Inspector Paramjit Singh who was present in village Sehra in connection with patrolling, where he received a secret information to the effect that accused is preparing diesel from kerosene oil by adding mobile oil in it and is selling in the open market and if raid is conducted, he could be apprehended red handed and huge quantity of spurious oil could be recovered from his possession. Finding the information to be reliable one, Inspector Paramjit Singh sent a ruqa Ex.PD to the police-station Mulepur for registration of the case against the accused on its basis formal FIR Ex.PF/1 was accorded by SI Dara Singh. After registration of the case Inspector Parmajit Singh alongwith his companion went to Bus Adda Sehra. Nirmal Singh Ex-Sarpanch was joined in the raiding party. Accused was found present at his premises situated at Bus Adda Sehra. He was taken into custody and interrogated. During interrogation accused made a disclosure statement to the effect that he had kept concealed 5 drums out of which three drums are containing kerosene oil, one drum contains 100 liters artificial diesel oil and one drum is containing 50 liters of fictitious diesel oil and 10 tins one liter each of mobil oil in a sealed condition at the back side of his shop in the godown which he could get the same recovered. Disclosure statement Ex.PB was recorded which was signed by the accused and attested by ASI Ajaib Singh, Head-constable Jaspal Singh and Nirmal Singh Ex-Sarpanch. In pursuance of the aforesaid disclosure statement, accused got recovered the aforesaid five drums Ex.MO/1 to MO/5 and tins of mobil oil MO6 to MO/15 and these were taken into possession vide recovery memo Ex. PC attested by the aforesaid PWs. Implements for preparing fictitious diesel oil etc. were also recovered from the aforesaid premises. Samples were taken out, which lateron were tested in the Laboratory by P.S. Bahmra Deputy Manager Lab. Indian Oil corporation and submitted his reports Ex.P1 to Ex.P5 and all the samples of kerosene and diesel oil were below specification. In this way accused had controvered Clause 3 of the Punjab Light Diesel Oil and Merosene Dealer''s Licensing Order 1978 and also the Motor Spirit and High Speed diesel (Prevention of Mal Practices in Supply and Distribution) Order 1990 and has committed an offence punishable u/s 7 of the Essential Commodities Act. Rough site plan was prepared. After completion of investigation, accused was challaned u/s 7 of the Act.

During the course of arguments, learned Counsel for the appellant has not challenged the conviction of the appellant under the Act, but has submitted that the sentence qua imprisonment of the appellant be reduced to already undergone by him. Learned Counsel for the appellant has submitted that the appellant is facing the criminal proceedings since the year 1993 and is the only bread earner of the family.

Keeping in view the facts and circumstances of the case, it would be just and expedient to reduce the sentence qua imprisonment of the appellant to already undergone by him.

Accordingly, the conviction of the appellant under the Act is maintained. However, the sentence qua imprisonment of the appellant is reduced to already undergone by him. The appellant is directed to pay additional fine of Rs. 10,000/- within two months from today, failing which the appeal shall stand dismissed.

The appeal stands disposed of accordingly.