LACHHI RAM Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of the order passed by the Addl. Sessions judge in case FIR No. 164/1988 which was registered against the appellant under Section 7/10/55 of the Essential Commodities Act at p. S. Mangolpuri.

(2.) BRIEFLY stating the facts of this case are that appellant is holder of Fair Price shop bearing no. 5076 situated at 580 Mangolpuri, which was raided on 12. 05. 1989 and the records were checked. Certain irregularities were found inasmuch as the verification of 11 card-holders goes to show that they have denied wholly or partially receipt of rice as indicated in their cash memos. There was shortage in delivery of 103 Kg of rice and it was a case which was found to be in violation of condition number 6 of the license (Ex PW1/a) and clause 19 (6) of the Delhi Specified Articles (Regulation and distribution) order 1981 (Ex. PW2/a ). After recording the evidence the Trial Judge was satisfied that the charges leveled against the appellant were made out and consequently the appellant was convicted under Section 7 of the Essential Commodities Act in respect of violation of the conditions of license issued to him for issuing less rice in two cases and the stock found in excess of the same and accordingly he was sentenced to undergo R. I. for 6 months and was also directed to pay fine of Rs. 10,000/- and in default of the payment the appellant was directed to undergo further S. I. for one month. This judgment was delivered on 01. 08. 1988.

(3.) THE appellant was released on bail pending hearing of this appeal vide order dated 15. 10. 1998. The appeal came up for hearing only on 15. 09. 2009 as on earlier dates when the appeal was listed the appellant failed to appear and therefore his non-bailable warrants were issued. However, on 15. 09. 2009 the appellant appeared. His counsel at that time under the instructions of the appellant said that he is not pressing the appeal on merits and only stated that sentence awarded be reduced to the period already undergone. Reliance was placed on following judgments: i. Ghanshyam Das Vs. Municipal Corporation of Delhi, AIR 1975, SC 845 ii. Naresh Kumar Vs. State, 91 (2001) DLT 614 iii. Harivallabha and Anr. Vs. state of M. P. 2005 SC (Cri) 454