NAGAMANICKAM Vs. STATE

JUDGEMENT

(1.) THE 4th accused in S.T.C. No. 9 of 1997 on the file of the Special Court for E.C/N.D.P.S Act cases, Coimbatore, Periyar and Nilgiris Coimbatore described as an "authorised dealer" of fair prior shop No. 2 represented by Nagamanickam, President, Udumalpet Co-operative Marketing Society, Dharapuram Road, Udumalpet is the petitioner herein. A1 to A3 in that S.T.C. are the respective employees of the Society.

(2.) A complaint was lodged alleging violation of Clause 6(2) and (3) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982, in that A1 to A3 short measured kerosene to witnesses. The complaint also shows that there was an excess stock of eight litres in the stock of the Society itself. The complaint specifically avers that A1 to A3 are responsible for the violation and the President of the 4th Accused Society was not even available at the time of the check. In the face of the above undisputed facts, the revision petitioner moved an application in C.M.P. No. 72 of 1998 in S.T.C. No. 9 of 1997 with a request to drop the proceedings against him, as there are no materials at all, either in the complaint or in the statements recorded during investigation implicating A4 in any manner with the offence complained of. The learned trial Judge dismissed that application on merits. Hence the present revision.