Criminal Appeal No.934-SB of 1997 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Appeal No. 934-SB of 1997 Date of Decision: January 08, 2010 Ranjit Singh and another ...........Appellants Versus State (U.T.Chandigarh) ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Bipan Ghai, Senior Advocate with Mr.Sandeep Gahlawat, Advocate for the appellant None for UT Chandigarh. ** Sabina, J. Appellants were convicted for an offence under Section 7 of the Essential Commodities Act and Section 9-B of the Explosive Act vide judgment dated 20.11.1997 passed by the Special Judge, Chandigarh. Vide order of even date, the Special Judge Chandigarh sentenced them to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1000/- each under Section 7 of the Essential Commodities Act and to further undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1000/- each under Section 9-B of the Explosive Act. In default of payment of fine, the appellants were further ordered to undergo rigorous imprisonment for two months under each Section. The substantive sentences Criminal Appeal No.934-SB of 1997 2 were ordered to run concurrently. Hence, the present appeal. The brief facts of the case, as noticed by the Special Judge in paras 2 and 3 of its judgment, are as under:- “2. The facts are these:- Police party headed by Inspector Jagbir Singh consisting of SI Jarnail Singh, HC Krishan Kumar, Constables Pargat Singh, Narinder Kumar and Kuldip Singh and Hardev Singh was out in the area of the market of Sector 44 D Chandigarh in connection with patrolling on vehicle bearing registration No. CH-01-B- 9699; a secret information was received by the Inspector to the effect that godown of the Happy Gas Centre which was dealer of LPG of the Indian Oil Corporation was situated on Mataur road near CRPF barrier in the area of village Kajheri and invariably the empty LPG cylinders without valves which are not issued by the Indian Oil Corporation were found lying there; that it was not known from where those cylinders were brought by that concern and that valves and the cylinders were thus prepared illegally and the same were sold to the persons and in this way the people at large and the Indian Oil Corporation were being defrauded; the informer also disclosed that even at that time one truck load of cylinders without valves was standing in that godown and the valves were to be fitted in those cylinders in the godown illegally and the cylinders were to be sold in the open market. Finding the information to be convincing the police party at once reached the said godown of Happy Gas Centre in the area of village Kajheri. It was found that one truck bearing No. HYE-1577 was standing Criminal Appeal No.934-SB of 1997 3 in front of that godown; the person sitting on the seat of the driver of that truck had disclosed his name to be Lal Singh son of Piara Singh; that truck was found loaded with 300 empty gas cylinders which were without valves;that Lal Singh could not produce any permit or any other proof for those gas cylinders; those cylinders alongwith the truck were taken into possession against a memo; the godown was got opened from Ranjit Singh and 100 valves of LPG cylinders were found lying therein a gunny bag; the said valves were also taken into possession by the police. The accused aforesaid were arrested; ruqa Ex.PA was thereafter drafted by the Inspector and sent to the police for registration of the FIR upon which formal FIR Ex.PA/1 was recorded on its basis by SI Surinder Kumar; the owner of Happy Gas Centre who was Darshan Singh could not be arrested despite the efforts having been made by the police and he was ultimately declared as proclaimed offender. The challan was presented in the court of Special Judge, Chandigarh under Section 9-B of the Explosive Act and Sections 420/511 of the Code. 3.Copies of the documents relied upon by the prosecution were supplied to the accused free of costs and after hearing the learned PP for the State and the learned defence counsel and on perusal thereof, the accused were charged under Section 7 of the Essential Commodities Act, Section 9B of the Indian Explosive Act and Section 420/511 of the Code by Dr.B.B.Parsoon Special Judge, Chandigarh. The contents of the charge were made known to the accused persons. The accused,however, pleaded not guilty and Criminal Appeal No.934-SB of 1997 4 claimed trial." Learned counsel for the appellants has submitted that the appellants were driver and gateman. The owner of the godown was declared as proclaimed offender. Learned counsel for the appellants, during the course of arguments, has not challenged the conviction of the appellants under Section 7 of the Essential Commodities Act and Section 9-B of the Explosive Act but has submitted that the sentence qua imprisonment be reduced to already undergone by the appellants. Accordingly, keeping in view the submissions made by the learned counsel for the appellants, it is a fit case where the sentence qua imprisonment is liable to be reduced to already undergone by the appellants. Hence, the conviction of the appellants under Section 7 of the Essential Commodities Act and Section 9-B of the Explosive Act is maintained. However, the sentence qua the imprisonment of the appellants is reduced to already undergone by them. Appeal stands disposed of accordingly. (Sabina) Judge January 08, 2010 arya