MOHAMAD IBRAHIM Vs. STATE

JUDGEMENT

(1.) The accused 2 and 3 against whom and three others the respondent has filed a charge sheet under cls. 7(2) and 7(3) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card system) order, 1982 read withS.3 and 7 lead with S. 10 of the Essential Commodities Act, 1955 read with Ss. 34 and 107 I.P.C. invoke the inherent powers of this court u/S.482 Cr. P.C. to quash the above proceedings.

(2.) Thiru K. S. Ramachandran, learned counsel for the petitioners would urge that there are no materials in the records furnished u/S. 173 Cr. P.C. to show that the petitioners have committed the offences and the bald statement in the charge sheet that the offences could not have been committed without the knowledge and connivance of the petitioners, would not be sufficient to prove the case against the petitioners. The learned counsel would farther contend that the petitioners holding the post of President and Secretary respectively in the first accused Society in an honorary capacity, having only overall control over the affairs of the Society, and being employed elsewhere the first petitioner as Pharmacist in the Rajaji Government Hospital at Madurai and the second petitioner as Assistant in the court of District Munsif, Madurai could not be proceeded against for any irregularity or any offence committed by the other accused, who are paid employees of the Society. In support of this proposition, the learned counsel placed reliance upon certain decisions of this court, which I shall refer to later.

(3.) The first accused is the State Government Employees Consumers' Co-operative Stores Limited, Madurai? which is a company u/S10 of the Essential Commodities Act (hereinafter referred to as the 'act') Accused 2 and 3 present petitioners are the President and Secretary respectively. Accused 4 and 5 are the salesmen. The prosecution case is that on information that large quantities of kerosene supplied to the first accused-society were being sold in black market to others, the Inspector of Police, Civil supplies, C.I.D., Madurai on 12-5-1988 at about 1 p.m. inspected the first accused society and checked the stock register and other registers of the society. Accused 4 and 5 were present. The stock register showed that on 11-5-1988, 1,000 litres of kerosene had been taken delivery and received in the society and the bill book showed that the same had been distributed to 200 card holders on the same day. Investigation disclosed that on 11-5-1988 1,000 litres of kerosene, shown as having been distributed to card holders on that day, had not in fact been even taken delivery from the kerosene dealer viz. K. Srinivasa Iyengar, Madurai and that even without taking delivery, the bank draft representing the price for the kerosene had been handed over to the kerosene dealer and the 4th accused had received a sum in return and both the accused 4 and 5 had made false entries in the bill book and other registers making it appear as if the entire stock of 1,000 literes had been distributed to 200 card holders on that day itself. The offence had been committed by the first accused society and the accused 2 and 3 being the President and Secretary respectively and the second accused having overall control over the properties of the first accused society and the third accused, as Secretary, being requested to prepare indent for the requirement of the fair-price stock and check the every day sale of essential articles, had failed to exercise due diligence to prevent the commission of the offence, which coldly not have been committed without their knowledge and connivance. On these allegations, charge sheet was filed against all the five accused for the above offences.