STATE DELHI ADMINISTRATION Vs. VIJAY CHAUDHARI

JUDGEMENT

(1.) This is a 25 years old appeal filed by the State aggrieved by acquittal of the respondent of charge under Section 7 of the Essential Commodities Act, 1955 vide judgment dated 21.10.1982 passed by Sh. Bhola Dutt, then Metropolitan Magistrate, Delhi in case vide FIR No. 1179/1980 of Police Station Defence Colony.

(2.) As per prosecution case, the respondent at the relevant time of incident was the proprietor of fair price shop No. 4809, M/s Anand Departmental Store No. 47, Anand Lok, New Delhi. A raid was held on his shop by the officials of the Food Department on 23.10.1980 and again on 30.10.1980. At the time of raid, the officials of the Food Department found certain discrepancies in the stock at the shop of the respondent. To be precise 37 kilograms of wheat was found excess; 1 quintal 75 kilograms rice was found excess; 1.5 kilogram palm oil was found short and 11.5 kilograms of rapseed oil was found excess in the stock. On 23.10.1980 the raiding party comprising PW-2 Ravinder Dhall and PW-3 S.K. Gupta seized sale register, stock register and one cash memo from the shop of the respondent. When raid was conducted on his shop on 30.10.1980, two cash memos were seized by the officials of the Food Department. In view of these discrepancies in the stock found at his shop, the respondent was accused of violation of terms and conditions of license granted to him under Delhi Specified Food Articles ( Regulation and Distribution) Order, 1968. He was tried on the above allegations for offence under Section 7 of the Essential Commodities Act, 1955.

(3.) During trial, the prosecution examined five witnesses. They are PW-1 Uma Shankar, LDC in the Food and Supply Department. This witness has tendered copy of notification No. F2 (4)-68 CCR (PandD) dated 27.08.1968 amended up to March, 1980 as document Ex. P-A in his statement. PW-2 Ravinder Dhall and PW-3 S.K. Gupta were members of the raiding party. PW-4 SI Maha Singh is a police witness and he has proved the FIR Ex. PW3/1 registered against the respondent on the complaint of officials of the Food and Supply Department. PW-5 SI Rampal Singh was the Investigating Officer of the case and he has proved the steps taken by him during investigation.