GOPALAKRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed against the conviction and sentence of the accused in ST 28 of 1985 on the file of the Special Court for trial of offences under the Essential Commodities Act, Trichur. The appellant has been found guilty of the offence punishable under S.7(1)(a)(ii) of the Essential Commodities Act, 1955, read with S.3 of the said Act and Clause.5A and 44 of the Kerala Rationing Order, 1966, for having attempted to sell 2 bags of ration rice without proper authority. He has been sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo simple imprisonment for a further period of one month.

(2.) The appellant was an authorised retail distributor of ration shop No. ARD 152 at Manhakkadamba near Konni. On 22-9-1983 he took delivery of 10 bags of rice from Pw. 4 Parameswaran Nair, the wholesale distributor of ration rice. The rice was intended for distribution in the appellant's shop for the week commencing from 25-9-1983. The total weight of the rice was about 10 quintals and at the time of delivery the net weight of each bag was noted in the bag itself. Separate voucher was also issued by Pw4. The appellant's ration shop was at a distance of one kilometre away from the wholesale depot. At about 7.30 p. m. on that day the rice bags were loaded in Jeep No. K.L.O. 9178 belonging to Pw 1. The rice was brought to the shop of the appellant. As per the direction of the appellant 8 bags of rice were unloaded in the appellant's shop and two bags remained in the jeep. The appellant directed Pwl to take the jeep to Konni town and the appellant also accompanied Pwl in the jeep. Daring the course of the journey the appellant told Pwl that he wanted to sell these two bags of rice to some one in Konni town. Then Pwl. expressed his righteous indignation and told that he would not be a party to that sort of clandestine dealing. There was some exchange of words between the appellant and Pwl, Appellant wanted to unload the rice bags. He alighted from the jeep and set out for fetching coolies to unload the rice bags. Meanwhile Pwl drove the jeep to the Konni police station and gave Ext. P1 statement before Pw6, the Sub Inspector of Police, Konni.

(3.) On the basis of Ext. P1 statement Pw. 6 registered a case and seized the rice under Ext. P3 mahazar. On the next day Pw.6 held further investigation. Pw. 3 conducted inspection in the ration shop of the appellant on 24-9-1983. He found 48 written bills (Ext. P5 series), but the same were not issued to the purchasers. Ext. P5 bill books and other accounts were seized from the shop of the appellant. Pw. 3 also noticed that out of the 10 bags of rice, the appellant had taken delivery on 22-9-1983, two bags were missing, even though the stock position of the rice in the appellant's shop tallied with Ext. P7 ledger. The appellant was prosecuted for the offence of violation of Clause.5A and 44 of the Kerala Rationing Order, 1966.