K S MAHADEVA IYER Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 5.5.2001 of the Special Judge for E.C. Act Cases, Thrissur in S.T. No.6/1999. Accused Nos. 1 and 2 in S.T. No.6/1999 are the appellants in Crl.A. No.426/2001 while the 3rd accused is the appellant in Crl. A. No.440/2001. The appellants were charged with the offences punishable under S.7(1)(a)(ii) read with S.3 of the Essential Commodities Act for the alleged violation of the provisions of R.5A, 43 and 58 of the Kerala Rationing Order and Rr.3 and 8 of the Kerala Foodgrains Dealers Licencing Order. After the trial, the learned Special Judge found the appellants guilty of the offences and convicted them. They were sentenced to undergo simple imprisonment for two years each and to pay a fine of Rs.3,000/- each; in default to undergo simple imprisonment for three months each. The order of conviction and sentence passed against the appellants is seriously challenged in these appeals.

(2.) The prosecution case is as follows: Accused 1 and 2 are the partners of M/s. Ponnammal Balasubramaniam and Company which is the licensee of A.W.D.42 in Ramapuram in Kottayam District. The 3rd accused was the driver of a lorry bearing registration No.KL-7/F-3007. On 3.10.1997 at about 7.30 p.m. the accused unauthorisedly lifted 120 bags of rationed wheat from the wholesale dealer shop having licence No. A.W.D.42 in lorry bearing No.KL-7/F-3007 of which the 3rd accused was the driver. On coming to know of the unauthorised lifting of the rationed wheat from the wholesale dealer shop the local people surrounded the lorry. P.W.I went to Ramapuram Police Station and informed the matter to P.W.5, the then A.S.I., who came to the scene and inspected the lorry and seized the rationed wheat. P.W.5 returned to the police station and registered Crime No. 149/97 of Ramapuram Police Station under Ext. P3 F.I.R. On 4.10.1997 P.W.5 gave intimation to P.W.4, who was the T.S.O. Meenachil to inspect A.W.D.42. After inspecting the said A.W.D. and verifying the stock P.W.4 prepared Ext. P2 mahazar. On verification of the stock it was found that there was shortage of 1.5 quintals of BPL (below poverty line) rice and also deficit of 1.5 quintals of common superfine rice. But there was a surplus of kl 14.05 quintals of wheat. The licence of the shop was suspended and PW.4 sent a report to the District Collector, Kottayam. As per the order dated 23.4.1998, the District Collector ordered forfeiture of the entire amount of security deposit to the Government under C1.51(8) of the Kerala Rationing Order. The investigation of the case was taken up by P.W.7, the then C.I. of Police, Kaduthuruthy, who was also holding the charge of C.I. of Police, Ramapuram. After completing the investigation P.W.7 laid the charge before the court.

(3.) The accused denied the charge. Thereupon the prosecution examined PWs 1 to 7 and marked Exts.P1 to P5(c)(i). The defence examined 3 witnesses as D.Ws.1 to 3 and marked Exts.D1 to D9. On an elaborate consideration of the evidence brought on record, the learned Special Judge found the accused guilty of the offences, convicted them and sentenced them as stated earlier.