JAGESHWAR RAM RAJWADE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 28.11.2002 passed by the Special Judge under the Essential Commodities Act (henceforth 'the Act'), Surguja at Ambikapur in Special Criminal Case No.5 of 1998, whereby the Appellants have been convicted and sentenced as under:

(2.) During pendency of this appeal, due to death of Appellants No.1 and 3, i.e., Jageshwar Ram Rajwade and Shankar Ram, respectively, their appeals have abated vide order dated 17.9.2019.

(3.) Prosecution case, in brief, is that at the relevant time, Appellant No.1, Jageshwar Ram Rajwade was Lampus Manager, Appellant No.2, Manoj Sharma was Lead Manager and Appellant No.3, Shankar Ram was Salesman of the Government Fair Price Shop in question situated at Village Fundurdihari. On 31.1.1998, Food Inspector K.S. Nag and Assistant Food Officer J.S. Tirki (PW5) reached the said fair price shop for surprise inspection. It was found by them that total 1000 litres of kerosene was given to the said fair price shop for selling to the ration card holders. According to the entries of the distribution register, out of the said quantity of 1000 litres of kerosene, entry of distribution of 538 litres was done in the said register. On physical verification, 20 litres of kerosene was found in the shop in question and shortage of 442 litres of kerosene was found in the shop. According to the case of the prosecution, the fixed price for sale of the kerosene was Rs.3.25 per litre and according to the relevant rules, on one ration card only one customer could purchase only 3.5 litres of kerosene. But, at the time of inspection, it was found that Appellant No.3, Shankar Ram, who was Salesman in the shop, had sold total 10 litres of kerosene @ Rs.5 per litre to Ashok Kumar (PW3) on one ration card (Article 'A'). in this regard, a panchnama (Ex.P3) was prepared. Statements of Ashok (PW3) and the Appellants were also recorded by the Food Inspector. Vide seizure memo (Ex.P16), a delivery memo was also seized from Appellant No.2, Manoj Sharma. First Information Report (Ex.P2) was lodged. On completion of the investigation, a charge-sheet was filed against the Appellants. Charges were framed against them.