N. PANDI Vs. A.B.C.

JUDGEMENT

(1.) This appeal was preferred by the second accused as against the judgment made in C.C. No. 75 of 1984 on the file of the learned Special Judge for Essential Commodities Act offences, Madurai, convicting and sentencing him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 200.00 in default to undergo rigorous imprisonment for one month, for the offences alleged to have been committed by him for violating clause 6(2) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982 and the appellant was convicted under Sec. 7(i)(a)(ii) of the Essential Commodities Act. The first accused, is the Madurai District Pandian Consumers-Co-operative Society and wholesale Ltd., at Venkalakadai Street, through its Special Officer, representing the fair price shop at Mookanadar Lane, Madurai. He was the authorised dealer entrusted with the distribution of the scheduled commodities to family card holders registered with the said shop and the second accused was the Assistant Salesman of the first accused and he was in charge of and responsible to the company, viz., the first accused for the conduct of business of the said shop. The second accused/appellant was in charge of the stock of scheduled commodities for distribution to the card holders on behalf of the first accused and in charge of the preparation of bills for the sale of the scheduled commodities.

(2.) The case of the prosecution is that on or about 30-8-1984 at Madurai accused 1 and 2 contravened clause 6(2) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by card system) order 1982 in supplying5 tins (each containing 5 kgs) of Palmolein oil, a scheduled commodity to non-card holders without production of the family cards bearing family card Nos. (i) 200352 (2) 200359 (3)200611 (4) 200632 (5) 201063 and without making any entries in the said family cards and thereby accused 1 and 2 committed an offence punishable under clause 6(2) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order 1982 read with Sec. 7(i)(a)(ii) of the Essential Commodities Act, 1955. At the same time, place and in the course of the same transaction first accused and second accused contravened clause 6(3) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by card system) Order 1982 in supplying 5 tins of Palmolein oil (each containing 5 kgs.) to non-card holders, after preparing false bills bearing Nos (1) 683422 (2) 683533 (3) 683465 (4) 683457 and (5) 683453 in respect of family card Nos. (1) 200359 (2) 200611 (3) 200632 (4) 201063 (5) 200352 respectively and falsely showing supply to the said card holders without supply any quantity of Pamolein oil to the said card-holders and hereby first accused and second accused committed an offence punishable under clause 6(3) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982 read with section 7(i)(a)(ii) of Essential Commodities Act, 1955. The prosecution has examined P.W.I to P.W. 14 and marked Exs. A-1 to A-25. The accused have not examined any defence witnesses.

(3.) I have gone through the evidence let in on the side of the prosecution and the exhibits and also the Judgment of the lower court. The lower court has acquitted the first accused viz., the Special Officer, Madurai District Pandian Consumers Co-operative Society and Wholesale Ltd., but has convicted the second accused only for violation of clause 6(2) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982.