M PERUMAL PILLAR Vs. STATE

JUDGEMENT

(1.) THIS is a revision against the judgment of the learned Sessions Judge of Salem dismissing C.A. No. 552 of 1976 and confirming the order of confiscation passed by the Collector of Salem in S. R. No. 394/75 -J3 dated 28th March, 1976.

(2.) THE Sub -Inspector of Police, Food Cell, C.I.D., Salem, inspected the business premises of Thiru PerumalPillai, a T.N.P.R.D. wholesale dealer at Namagiripet on l0th October, 1975,in the presence of the father of the licensee and found an excess stock of 42 bags of paddy not covered by any purchase bills and not accounted for in the stock register. The excess stock was seized by the Sub -Inspector and proceedings were initiated under section 6 -A of the Essential Commodities Act.

(3.) THE Collector was not satisfied with the genuineness of the claim of the three agriculturists". He held that "even assuming that the paddy bags seized were sold by these three agriculturists they should have been brough t into account by the licensee through issue of purchase bill and entries in the stock register. Except the blank statement of the accused and his father, there is no evidence oral or written available to substantiate the claim of the accused. On the other hand the Police have observed the proper procedure and the stocks have been seized in the presence of two independent witnesses and the father of the accused. The Counsel for the accused presumably on second thoughts, produced certain affidavits after about a week. Two of these affidavits are from the neighbours of the accused who are supposed to have been accidentally present at the time of the seizure. A perusal of their affidavit prove that they are concocted and unreliable. The third affidavit is from the brother of the accused himself, who naturally supports the version of the accused. The fourth affidavit is from a cooly who is supposed to have been present at the time of the seizure. This is also an after thought as the Police or the other witnesses have not be stated anything about his presence in the search list".