RAJENDRAN Vs. STATE

JUDGEMENT

(1.) HE was prosecuted along with two other persons (who were Al and A2 in the trial court) for contravention of Clause. 5 and 44 of the order, which is also punishable under the same section of the Act. The trial court acquitted those two accused, but found that the appellant had contravened clause. 5 (8) and 50 of the Order. HEnce the learned judge, by virtue of the powers conferred by S. 255 (3) of the Code of Criminal Procedure (for short 'the code') convicted the appellant for the said offence under the Act read with clause. 5 (8) and 50 of the Order and sentenced him as aforesaid.

(2.) THE prosecution case, in short, is the following: THE retail Ration shop (A. R. D. No. 2 at Maliakkara in Aranmula Village )was in the charge of the appellant, although its licence was in the name of one gopala Pillai. On 25-9-1983 the appellant sold a quantity of 370 Kgs of ration rice to A2 and the latter removed the said stock from the ration shop in an auto riksha driven by Al. THE Sub-Inspector of Chengannur intercepted the vehicle, and after inspection be arrested Al and A2 for transporting ration rice without permit. THE auto riksha and the rice were seized as per Ext. P1 search list. THE Sub Inspector registered a crime case against those two accused under S. 41 (1) and 102 of the Code. He inspected the ration shop and prepared Ext. P2 mahazar. He kept the shop closed. Next day P. W. 6 (District supply Officer) opened the shop room with the key obtained from the police. On verification, shortage of stock was detected by P. W. 6. After completing investigation, the Sub-Inspector of Police laid a final report against the three accused for the offence under S. 7 (1) (a) (ii) of the Act read with clause. 5a and 44 of the Order.

(3.) THE main contention of the learned counsel for the appellant was that serious prejudice has been caused to the appellant as he was convicted for an offence which he was not called upon to answer. A second contention raised was that the account books and bill book were brought to the shop later to concoct a case against him.