LAWS(KER)-1982-7-12

SATISH AND CO Vs. STATE OF KERALA

Decided On July 09, 1982
SATISH AND CO., PAIGHAT Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) - These four revision petitions are directed against a common judgment passed by the Court of Session, Palghat, in Criminal Miscellaneous Appeal Nos. 1 and 2 of 1980. The petitioner in Crl. R. P. Nos. 313 and 314 of 1980 is the same person. Crl. R. P. No. 313 of 1980 is directed against the order in Crl. M/s. Appeal No. 1 of 1980, while Crl. R. P. No. 314 of 1980 is against the order passed in Crl. M/s. Appeal No. 2 of 1980. Crl. R. P. No. 386 of 1980 and Crl. R. P. No. 389 of 1980 arc filed by the State challenging the common judgment passed in Crl. M/s. Appeal Nos. 1 and 2 of 1980, to the extent it is against them.

(2.) The petitioner, M/s. Sathish and Company, in Crl. R. P. No. 313 of 1980 and Crl. R. P. No. 314 of 1980 is a wholesale dealer dealing in sugar at Palghat and Coimbatore, having its place of business in Palghat at the Market Road. On December 10, 1979 at about 7-00 p.m. the District Supply Officer, Palghat, raided the premises of M/s. Sathish and Company, hereinafter referred to as the Company, and found that there was a stock of 272 bags of sugar, which was in excess of the quantity that could have been permissibly possessed by the petitioner. According to the District Supply Officer, as per the stock register the company had stocked or possessed 700 quintals of sugar on December 9 and 10, 1979, and, as per the records 536 bags had been old. On the basis of the accounts, there could have been only 164 bags of sugar in the premises of the company, but instead of that there was an excess of 108 bags of sugar which was unaccounted. Therefore, the entire quantity of sugar found in the premises were seized, the stock register, and certain invoices were also seized by the District Supply Officer. Thereafter, a show cause notice was issued to the petitioner under Section 6-B of the Essential Commodities Act, for short the Act, calling upon the petitioner why the entire quantity of 272 bags of sugar found in the premises should not be confiscated as the company had contravened clause 3-B of the Kerala Sugar Dealers Licensing Order 1967, which will be hereinafter referred to as the Order.

(3.) A written explanation was given by the company, which contended that it did not stock or possess 700 bags of sugar either on the 9th or 10th of December 1979, as alleged, that as per the trade practice, usually the accounts are written and completed only by 8-00 p.m., after closing the shop, that the District Supply Officer came to the shop of the company by about 4-00 p.m. and continued the raid till 7-00 p.m. and hence the account for that day could not be written, and that there has been no violation of any of the clauses of the Order. This is the subject matter of Crl. M/s. Appeal No. 1 of 1980 and Crl. R. P. No. 313 of 1980.