PATEL AMRUTBHAI SOMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two appeals are arising out of the judgment and order dated 12th January, 1993 rendered by the learned Special Judge, Mehsana, in Essential Commodity Case No.12 of 1988 whereby the appellants-accused were convicted for the offence punishable under Section 5 of the Fertilizer (Control) Order, 1985 and under Section 3 of the Essential Commodity Act and were sentenced them to undergo rigorous imprisonment for three months and to pay a fine of Rs.100/-, in default thereof, to undergo seven days imprisonment. Criminal Appeal No.145 of 1993 is filed by the Pundhra Khedut Group Vividh Karyakari Sahakari Mandali Ltd., appellant No.1-original accused No.1, appellant No.2-original accused No.2, Arvindkumar Jibhaidas Patel and appellant No.3-original accused No.3, Dahyabhai Jesingdas Patel. Since both the appeals arise out of same judgment and order based on same set of evidence, oral as well as documentary, they are being heard and disposed of by this common judgment.

(2.) The original accused No.1 was the Co-operative society, original accused Nos.2 and 3 were President and Secretary, respectively of accused No.1-Co-operative Society and original accused No.4 was the store keeper. It is alleged that while selling the fertilizer, all the accused persons were responsible to maintain the relevant record qua the stock and list of disbursement of fertilizer to the farmers. They were supposed to issue bills to each farmers who purchased the fertilizer but, when the inspection was carried out on 7th August, 1987, by Agricultural Inspector, Vijapur, certain irregularities were found. This inspection was made at the instance of one complaint received from Bholabhai Harjivandas Patel, farmer and resident of village Pundhra and one another complaint received from one of the members on 30th July, 1987. The Agricultural Inspector on the date of inspection found that some bags of fertilizers were sold without issuing bills. It was also found that 324 begs of KRIBHCO Uria, 24 bags of D.A.P. IFCO, 40 bags of Super Phosphate (Granules), 21 bags of ammonium sulphate, 9 bags of murate of potash and 70 Kg. Ammonium phosphate were required to be lying there with the co-operative society but that stock was not there and the Agricultural Inspector was informed that the same has been sold to various farmers, but the bills for selling the same were not issued. It is the say of the prosecution that the above-stated stock of fertilizer items was misappropriated or otherwise sold by charging higher prises or it was delivered to somebody so that the same can be sold in black-market. The allegation in the complaint is that the above stock was distributed and sold without issuing bills. As per scheme of Section 5 and 21 of the Act, all the accused were supposed to issue bills or cash memo or debit memo in the prescribed format. It is clear from the scheme that the control order is issued to regulate the distribution of fertilizer items amongst the farmers and it may not be used for any other motive or purpose.

(3.) Mr.Jani, learned Advocate for the appellants has taken me through oral as well as documentary evidence led during the course of trial and has assailed the legality and validity of the judgment under challenge on various grounds.