MANIYANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner has been convicted for an offence punishable under Clause.5 of the Fertiliser (Control) Order, 1957 (hereinafter be referred to as the Order) read with S.7 of the Essential Commodities Act (hereinafter called the Act) and sentenced to pay a fine of Rs. 250/- or in default to suffer simple imprisonment for one month by the Sub Divisional Judicial Magistrate, Hosdrug and this conviction and sentence were confirmed on appeal by the Court of Session, Tellicherry. The judgments of the Courts below disclose that it was for the failure of the revision petitioner to maintain proper accounts that he was convicted and sentenced as aforesaid.

(2.) The counsel appearing for the revision petitioner contended that the mandatory provisions in S.204(2) of the Code of Criminal Procedure have been flagrantly violated and consequently the entire trial has been vitiated, that there is nothing in Clause.5 of the Fertiliser Order enjoining a dealer in fertiliser to maintain accounts in a proper or regular manner or in a prescribed form and that the courts below failed to note that Pw. 1, the complainant, himself has admitted that the revision petitioner was maintaining accounts. According to the counsel, any one of these grounds is sufficient to quash the conviction and sentence of the revision petitioner.

(3.) S.204 (2) of the Code of Criminal Procedure reads: