Ram Kumar vs State of Haryana

A.S. Garg, J.

The petitioner was alleged to have been selling cement in the black market at the rate of Rs. 60/ per bag against the control price of Rs. 26/ fixed by the Civil Supply Department in the year 1980 in village Mustafabad in the area of Police Station Chappar, district Ambala. As a result of this a raiding party comprised of ASI Ram Kishan, Manmohan Singh, member Panchayat and another resident Jagmohan Singh of the said village was formed and they raided the shop of the petitioner on 4.6.1980 i.e. about 19 years ago from today. On a raid, as such conducted 90 bags of cement were recovered from the premises of the petitioner. At the time of trial, the petitioner was charged under Section 7 of the Essential Commodities Act.

There could not be any evidence at the trial that the petitioner was selling the cement in black market. However, there was evidence that he was in possession of 90 bags of cement and that he had kept the same for black market. He was convicted by the learned Judicial Magistrate Class, Jagadhri, under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/. In default of payment of fine he was ordered to undergo further rigorous imprisonment for one month. On appeal filed by the petitioner, his conviction and sentence was maintained by the learned Additional Sessions Judge, Ambala.

PW.1 Jagmohan Singh stated that though 90 bags of cement were lying at the place of the petitioner but he did not know if this cement was to be sold in black market or not. The testimony of the police officials is only based on the inference that the cement was lying at his place for the purpose of black market. There is no direct evidence on the point. The defence of the petitioner was that the cement bags were collected for construction of some Asram. Such a plea was being supported by a sufficient number of witnesses. Raj Bai (DW.1) stated that she had taken 90 bags of cement from the petitioner and she used the said cement bags given to her on Superdari by the learned trial Court for construction of the Asram. When there was no evidence of the petitioner having been found selling the cement in black market no inference could be drawn that the cement was being kept for black market. There should be evidence of actual sale of articles as such in the black market. There cannot be any assumption or inference about it. The plea of the defence looked probable. Hence, the conviction and sentence are set aside and the revision petition is allowed.