IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Revision No. 2172 of 2011 (O&M) Date of decision: September 27, 2011 Mohan Singh .. Petitioner vs. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. K.S. Sidhu, Advocate for the petitioner. A.N. Jindal, J. Mohan Singh and Ravinder Kumar i.e. driver and owner of the truck bearing registration No.PAT-336 respectively were prosecuted for selling kerosene by mixing the same in the petrol at the cheaper rates, instead of supplying the same to its owner i.e. M/s Sultani Mal Harnam Dass, Moga. Consequently, vide judgment dated 15.3.2010, Mohan Singh accused- petitioner (herein referred as, 'the accused') was convicted under Section 7 (1) (a) (i) of the Essential Commodities Act (herein referred as, 'the Act') and sentenced to undergo rigorous imprisonment for one year and to pay fine of `1000/- each. However, the appellate court, vide judgment dated 26.8.2011, allowed the appeal filed by Ravinder Kumar alias Billa Khana and acquitted him of the charges framed against him, whereas, the appeal filed by the accused was dismissed. In nutshell, the facts are that on 7.12.2001, ASI Sadhu Singh received a secret information that the accused driver of the truck bearing registration No.PAT-336, after getting the tanker of the kerosene filled from the Oil Depot, in connivance with the owner of the truck, namely Ravinder Kumar alias Billa Khana, was selling kerosene after mixing the same with the petrol to the villagers and thereby cheating them and if raid is conducted, then Mohan Singh could be caught red handed. He passed this information to SI Rajinder Kumar, who sent ruqa to the police station and thereafter, he along with other police officials conducted raid at the disclosed place and found the accused Mohan Singh along with truck. The Crl. Revision No. 2172 of 2011 (O&M) -2- *** truck was having four valves on its left side. The kerosene was being taken out of one of the valve in a drum. The valve was closed and the drum filled with kerosene was sealed with the seal bearing impression “RK”. He also took into possession the drum of 20 litres capacity filled with kerosene from the spot and also sealed it when his seal bearing impression “RK”. Sample seal was also prepared separately. The sealed drum and can having kerosene with two other empty cans of two litres each capacity and one pipe which was lying near the can was also taken into possession along with the tanker No.PAT-336. Statements of the witnesses were recorded. Completion of the investigation was followed by presentation of the challan in the court. The accused were charged for the offences under Section 420 IPC and Section 7 of the Act, to which they pleaded not guilty and claimed trial. In order to substantiate the charges, the prosecution examined SI Gulzar Singh (PW1), SI Rajinder Kumar (PW2), ASI Sadhu Singh (PW3), SI Balwinder Singh (PW4), Swaran Singh (PW5), Gurdev Singh (PW6) and Harjas Singh Brar (PW7). When examined under Section 313 Cr.P.C. the accused denied all the incriminating circumstances appearing against them and pleaded their false implication in this case. However, no evidence was led in defence. The trial resulted into conviction, whereas during appeal Ravinder Kumar alias Billa Khana was acquitted whereas the appeal of Mohan Singh petitioner was dismissed. Arguments heard. Record perused. It is apparent from the evidence of Swaran Singh (PW5) Clerk of the of D.T.O. Ferozepur that the truck bearing registration No.PAT-336 was in the name of Ravinder Kumar alias Billa Khana. It has also come in evidence that the petitioner was the driver over the said truck. Gurdev Singh (PW6) Deputy Manager Bharat Petroleum Depot Bathinda has stated that on 7.12.2001 Mohan Singh while driving tanker No.PAT-336 had come and taken away 12000 litres of kerosene for supplying the same to M/s Sultani Mal Harnam Dass, Moga. He proved the invoice Ex.PW6/A. Harjas Crl. Revision No. 2172 of 2011 (O&M) -3- *** Singh Brar (PW7) Inspector Foods & Supplies, Bathinda has also brought on record copy of the Punjab Light Diesel and Kerosene Dealers Licensing Order, 1978 as Ex.PW7/A. It is also proved from the evidence that 12000 litres of kerosene was issued for supplying the same to M/s Sultani Mal Harnam Dass, Moga, but at the time when the raid was conducted, only 11000 litres of kerosene was recovered. It is also proved on the record that Mohan Singh was seen selling the kerosene unauthorisedly to the people. The drum and the can which were being filled at that time were also taken into possession. SI Rajinder Kumar (PW2) and ASI Sadhu Singh (PW3) duly established that the kerosene picked up by Mohan Singh from the Oil Depot was meant for the firm M/s Sultani Mal Harnam Dass, Moga but the accused did not reach the destination but sold 1000 litres out of the same unauthorisedly at Bathinda. No plausible defence has been led by him. Thus, he appears to have been rightly convicted for violating the provisions of Rule 3 of Punjab Light Diesel and Kerosene License Order, 1978, punishable under Section 7 of the Act. Both the courts below appear to have appreciated the evidence in the right perspective. No illegality much less irregularity or perversity has been detected warranting interference by this Court. Dismissed in limine. September 27, 2011 (A.N. Jindal) deepak Judge