CHANDRA MOHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) All these appellants have been found guilty by the Special Court for Trial of Offences under Essential Commodities Act, Trichur for the offence punishable under S.7(i)(a)(ii) of the Essential Commodities Act, 19SS read with Clause.3(i) of the Coconut Husks Control Order, 1973.

(2.) The appellants in Crl. A. No. 415 of 1984 and Crl. A. No. 416 of 1984 have been sentenced to undergo simple imprisonment for a period of three months and the appellant in Crl. A No. 420 of 1984 has been sentenced to undergo simple imprisonment for a period of three 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.

(3.) The gist of accusation against the appellants is as follows: P.W. 1, a Coir Project Officer who had been appointed as Inspector under the Coconut Husks Control Order, 1973 was doing squad work alongwith the local Sub Inspector of Police and a head constable in the afternoon of 11-3-1983. While so they saw a tempo van proceeding through the Chalakudy-Irinjalakuda road loaded with coconut husks. The first accused was driving the tempo van and the others were found travelling in the same. P.W. 1 intercepted the vehicle and questioned the passengers as to whether they had a valid movement permit to transport the coconut husks. The second accused was the owner of the coconut husks and at he bad no movement permit with him the husks and the tempo van were seized. The report was sent to the Kodakara Police Station and on the basis of this Ext. P2 report, P.W.5 registered a case against the accused for violation of the provisions of Coconut Husks Control Order. The husks seized from the accused were later entrusted to a Cooperative Society and the tempo van was given on Kychit to its owner. Prosecution was launched against the accused.