JESUDOSS Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed by one Jesudoss, an employee in the Fair Price Shop at No. 39 in Podanur, run by C.C.M.S at Coimbatore, against the conviction rendered by the Special Judge for Essential Commodities Act, Coimbatore passed in STC.No.1 of 1995 under Section 7(I)a(ii) of the Essential Commodities Act read with 6(3) and 14(l)a(c) of Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982.

(2.) THE allegation against the appellant is that on 3.3.94, the Special Tahsildar, Coimbatore South along with his party visited the fair price shop at No.39 in Podanur run by C.C.M.S and found a shortage of 378 Kgs of Sugar, 1373 kgms of Raw rice and 302 kg of boiled rice, all worth Rs.10,999. Hence a report was given to the Inspector of Police, Civil Supplies CID, who after investigation filed the chargesheet against the appellant and the Society represented by its Special officer.

(3.) AT this point of time, it is pertinent to note that there is no charge against A-1/appellant who have committed any offence in his individual capacity. It is relevant to note that in a similar situation the Supreme Court in Sheoratan Agarwal and another v. State of Madhya Pradesh, AIR 1984 SC 1824, their lordships have categorically held that unless there is a finding that the Company has contravened the provisions of the Iron and Steel Control order passed under the Essential Commodities Act, the other accused cannot be held responsible. In my view, on going through the above said decision, I feel that this decision squarely applies to the facts and circumstances of the present case.