H K SHIVANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The instant appeal is filed by the accused to challenge the judgment and order of sentence dt. 25-3-91 passed by the Special Judge, Bangalore Rural District, Bangalore for the offence under Secs. 3 and 7 of the Essential Commodities Act. read with Sec. 19 of the 'Karnataka Edible Oils Act'.

(2.) I heard the learned Counsel for the appellant Smt. M. Gayathri appearing for the learned Counsel Sri C. H. Hanumantharuya and Sri B. H. Satish appearing for the respondent-State. I have also perused the records.

(3.) The facts in brief of the case are as follows : That on 2-6-87, the appellant being the owner of the Government Fair Price Depot situated in Hagalahally, sold 100 kgs. of palmolein oil which was supplied to him for the purpose of distribution to the ration card holders of Hagalahally Fair Price Depot to P.W. 1 - P. R. Veerachandrappa alias Vijaya Kumar without distributing the same to the ration card holders and the same was done by the appellant for the purpose of making profit and it was found out by P.W. 15 - Ravi Kumar, the Assistant Commissioner of Ramanagaram sub-division. Therefore, the charge sheet was tiled against the appellant before the Court of the Special Judge, Bangalore Rural District, Bangalore (hereinafter referred to and called as the 'Special judge'.)