RASHMI BROTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants-accused have been convicted under Section 3 read with Section 7 of the Essential Commodities Act, 1955 for contravening the provisions of Clauses 3 and 9 of the Karnataka Essential Commodities (Maintenance of Accounts, Display of Prices and Stocks) Order, 1981 and accused Nos. 2 and 3 have been sentenced to suffer R. I. for three months and to pay and fine of Rs. 1000/- in default to undergo S. I. for two months.

(2.) THE prosecution case is that the accused Nos. 2 and 3 are managing partners of a provision shop by name M/s. Reshmi Brothers, Kirani and General Merchants (Accused No. 1) at Bailhongal and were doing business in the sale of commodities like sugar, kerosene, pulses, edible oil. They had a valid licence under the provisions of the Karnataka Essential Commodities Licensing Order, 1986.

(3.) THE PSI, Food Cell, Belgaum on 4-1-1990 inspected the premises. It was found that the accused had not entered the purchase of 25 bags of sugar purchased from different parties in the stock register from 24-12-1989 and 1-1-1990. The balance of stock of sugar as on 22-12-1989 was 20-52 quintals and including 25 quintals of sugar purchased, come to 42. 62 quintals and that deducting 5. 25 quintals sugar sold during the relevant time, the balance stock ought to have been 40. 27 quintals but it was shown as 20. 82 quintals. It was noticed that there was shortage of stock by 19. 45 quintals and thereby the accused contravened the provisions of Clauses 3 and 9 of the Karnataka Essential Commodities (Maintenance of Accounts, Display of Prices and Stock) Order, 1981.