Criminal Appeal No.42-SB of 1999 and Criminal Appeal No.59-SB of 1999 v. State of Haryana

CORAM :HON'BLE MR. JUSTICE MOHINDER PAL. Present: Mr.Kapil Aggarwal, Advocate, for the appellants in Criminal Appeal No.42-SB of 1999 Mrs. Baljeet Mann, Advocate, for the appellants in Criminal Appeal No.59-SB of 1999. Ms. Sushma Chopra, Additional Advocate General, Haryana. -.- MOHINDER PAL, J. This judgment will dispose of the afore-mentioned two appeals as these are directed against the same judgment of -2- Criminal Appeal No.42-SB of 1999 and Criminal Appeal No.59-SB of 1999. conviction and the sentence order passed by the Special Judge, Jagadhri, convicting and sentencing appellants Javinder Pal, Mohd. Salim, Bodh Kumar, Amar Singh (since deceased) and Ram Darshan Singh under Section 471 of the Indian Penal Code (for short `the Code') and Section Section 7 of the Essential Commodities Act, 1955 (for short `the Act') read with Section 120-B of the Code and appellant Madan Gopal under Sections 471 read with Section 120-B of the Code and Section 7 of the Act.

Appellant Madan Gopal was sentenced to undergo rigorous imprisonment for one year under Section 471 read with Section 120-B of the Code and to undergo rigorous imprisonment for three years and to pay fine of Rs.10,000/-, in default whereof to undergo further rigorous imprisonment for one year under Section 7 of the Act. Appellants Javinder Pal, Mohd. Salim, Bodh Kumar and Ram Darshan Singh were sentenced to undergo rigorous imprisonment for one year under Section 471 of the Code and to undergo rigorous imprisonment for two years and to pay fine of Rs.1,000/-each, in default whereof to undergo further rigorous imprisonment for six months under Section Section 7 of the Act read with Section 120-B of the Code. Ramesh Kumar and Ms. Vandana, co-accused of the appellants, were acquitted of the charge framed against them by giving them the penefit of doubt. Appellant Amar Singh died during the pendency of this appeal, which fact is not denied by the State Counsel.

These -3- Criminal Appeal No.42-SB of 1999 and Criminal Appeal No.59-SB of 1999. proceedings against appellant Amar Singh shall accordingly stand abated. Appellant Madan Gopal was the proprietor of Madan Gas Agency whereas the other appellants were his employees. The allegations against the accused-appellants are that they, after conspiring with each other, prepared bogus Gas Distribution Cards, used them as genuine and distributed gas cylinders to unauthorized customers. The action against the appellants was initiated when Superintendent of Police, Yamunanagar, after receiving complaint against the said Gas Agency, directed Inspector Abhey Singh of the C.I.A Staff to conduct inquiry into the matter. Accordingly, after conducting a secret inquiry into the matter and getting a case registered against the accused, the police raided Madan Gas Agency. During investigation, recoveries of various bogus consumer numbers were effected from appellants Javinder Pal, Mohd.

Salim, Bodh Kumar and Ram Darshan Singh, who were employees of Madan Gopal (appellant). Appellant Madan Gopal although was not present at the Gas Agency at the time of raid, but held liable being proprietor of the Gas Agency. After recording the prosecution and defence evidence and hearing the learned counsel for the parties, the trial Court convicted and sentenced the appellants as aforesaid. Learned counsel for the appellants, after arguing the matter for some time and comprehending that the case against -4- Criminal Appeal No.42-SB of 1999 and Criminal Appeal No.59-SB of 1999. the appellants stood proved to the hilt, they did not challenge the conviction of the appellants for the aforesaid offences and prayed for leniency in the matter of sentence. No interference is, therefore, called for in the impugned judgment of conviction. Consequently, the conviction of the appellants as recorded by the learned trial Judge for the aforesaid offences is upheld.

However, keeping in view the fact that the Sword of Damocles has remained hanging over the head of the appellants for more than fifteen and a half years, the occurrence being of February, 1994 , I am of the opinion that ends of justice will be adequately met if the sentence of appellant Madan Gopal i.e rigorous imprisonment for one year under Section 471 read with Section 120-B of the Code and rigorous imprisonment for three years under Section 7 of the Act is reduced to rigorous imprisonment for three months, on each count. I order accordingly. Similarly, sentence of appellants Javinder Pal, Mohd. Salim, Bodh Kumar and Ram Darshan Singh i.e rigorous imprisonment for one year under Section 471 of the Code and rigorous imprisonment for two years under Section Section 7 of the Act read with Section 120-B of the Code is reduced to rigorous imprisonment for three months, on each count. However, the fine imposed upon the appellants by the trial Court is enhanced to Rs.50,000/-. Out of the said amount of fine, Rs.25,000/- will be paid by appellant Madan Gopal, who was owner of the Gas Agency and Rs.25,000/- will be paid by -5- Criminal Appeal No.42-SB of 1999 and Criminal Appeal No.59-SB of 1999. appellants Javinder Pal, Mohd.