B G SATHYANARAYANA SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the important question of law which arises in this appeal relates to the construction of clause 3 of sub-clause (1) of the Karnataka edible oil dealers licensing order, 1977 (shortly 'order').

(2.) the appellant is the proprietor of Sri vinayaka traders, no. 1247/a,santhepet, arsikere town, hassan district. He was charged of having committed an offence under section 7 of the essential commodities Act, 1955 (shortly 'the act'), having contravened the provisions of clause 3 of the order. The learned sessions judge having found that the prosecution has proved this contravention, has convicted and sentenced to undergo simple imprisonment for two months and to pay a fine of Rs. 2,000/- in default to pay the fine amount, he shall suffer s.i. for a period of one month.

(3.) the case of the prosecution is that, p.w. 1 a.n. ramegowda, who wasworking as a police sub-inspector, food and civil supplies cell, bangalore, made a surprise visit to the vinayaka traders along with his staff and panch witnesses. On enquiry the appellant has produced a stock book and one cash bill book. The appellant informed that he had already applied for a licence but the same is under issue. On verification of the stock book, it was found that there was only a single entry dated 14-1-1986 showing 28 tins of refined oil, 7 tins of vanaspati, 10 tins of groundnut oil, 20 tins of sunflower oil and 99 bags of groundnut cakes. But on a physical verification of the stock, there was less than what was stated in the stock book. On further verification, the appellant informed that the balance stock was stored in a godown situated in another building. Thereafter, p.w. 1 and his staff members along with the appellant went to that godown and verified the physical stocks available in that place. On verification"the stock of the Articles were found to be more than what is stated in the stock register. P.w. 1 seized All the Articles along with stock book and cash bill book, under a panchanama ex.p. 1. Then he arrested the appellant and took him to the jurisdictions! Police station and handed over the appellant along with a mahazar. There, he lodged a complaint as per ex. p. 2.