SELVAN Vs. STATE

JUDGEMENT

(1.) Criminal Appeal Nos. 194 to 197/85 are filed by the respective accused in STC Nos.52 to 55/84. Criminal Appeal Nos.838 to 841 of 1986 are filed by private parties/ owners of respective lorry and paddy which were directed to be confiscated in STC No.52 to 55/84 respectively by the learned Special Judge under Essential Commodities Act, Thanjavur.

(2.) The accused in all the abovesaid STC Nos.52 to 55 of 1984 were charged under Cl. 3(1 A) of the Tamil Nadu Paddy (Restriction on Movement) Order, 1982 and also under O.4(1) of Tamil Nadu Essential Trade Articles (Regulation of Trade) Order, 1974 punishable under S. 7(1)(ii) of the Essential Commodities Act, 1955. The accused in the above cases, as per the case of the prosecution had purchased paddy without a valid permit and also attempted to remove the paddy in the respective lorries TMS 8244, TNO 6275, TNQ2638 and TMP 1708 from Thanjavur District limits to Pudukotai District violating the Notification, as the paddy should not be procured within that belt area. The admitted case of the prosecution is that the accused did not possess valid permit for procuring paddy.

(3.) The prosecution has examined P.Ws.1 to 3 and marked as many as 22 exhibits. The Accused have examined nine witnesses on their side and marked Ex. D.1. P.W. 1 Abdul Mazeed is the Sub-Inspector of Police, Food Cell, Crime Branch, Thanjavur. P.W. 2 Jeyakumar is the Assistant in the Office of the Collector, Thanjavur and P.W.5 Raju is the Inspector of Police, Civil Supplies, C.I.D., Thanjavur.