SHANMUGASUNDARAM Vs. STATE

JUDGEMENT

(1.) CHALLENGES are made in these criminal appeals to the Judgment dated 19.01.2004 and made in S.T.C.No.4 of 2001, on the file of the learned Special Judge (under Essential Commodities Act, 1955) and the Additional District and Sessions Judge, Coimbatore, convicting the accused 1 to 4 under Clause 6(2)(3) and Clause 14(1)(c) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982, r/w Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 and sentencing each, to suffer three months of simple imprisonment for each count (three counts) and also to pay a fine of Rs.3,000/-, in default to suffer two weeks of simple imprisonment; convicting the fifth accused under Clause 6(2)(3) and Clause 14(1)(a) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982, r/w Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 and sentencing to suffer three months of simple imprisonment and also to pay a fine of Rs.3,000/-, in default to suffer two weeks of simple imprisonment.

(2.) BEING aggrieved by the conviction and sentence, accused 1 and 4 have preferred the appeal in Crl.A.No.170 of 2004, 2nd accused has preferred the appeal in Crl.A.No.215 of 2004 and the 3rd accused has preferred the appeal in Crl.A.No.189 of 2004 (Originally the appeal was filed on behalf of accused 1 to 5. When the appeal came up for admission, the learned counsel for the appellants had made an endorsement on the reverse of the memorandum of appeal stating that the appeal in respect of A1, A2, A4 and A5 was not pressed and restricted the appeal in respect of A3. In view of the endorsement made by the learned counsel for the appellants, the appeal in respect of A1, A2, A4 and A5 was dismissed as not pressed. The 5th accused has preferred the appeal in Crl.A.No.137 of 2004).

(3.) THE Trial Court on hearing the accused as well as the learned Special Public Prosecutor had framed necessary charges. When the ingredients of the charges were explained and questioned, the accused 1 to 5 had pleaded innocent and claimed to be tried and hence they were put on trial. THE prosecution in order to establish it's case, has totally examined six witnesses and during the course of their examination Exs.P1 to P31 were marked. Apart from this, the District Collector, who made a surprise visit to the Shop No.62 was examined as C.W.1.