KRISHNAMOORTHY Vs. STATE

JUDGEMENT

(1.) The appellant was tried in S.T.C. (E.C.) No. 30 of 1986 on the file of the Special Judge, Essential Commodities Act cases, Thanjavur for having violated clause 6(2) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982 punishable under S. 7(1)(a)(ii) of the Essential Commodities Act. The trial Court found the appellant guilty as charged and sentenced him to under- go rigorous imprisonment for six months.

(2.) The sustainability of the verdict of the learned trial Judge is challenged in this appeal.

(3.) The prosecution case will have to be stated in brief for the disposal of this appeal. The petitioner was at the relevant time the Branch Manager of Thanjavur Co-operative Wholesale Stores Limited No. 1 situate at Pattukkottai. When the sales depot was inspected by the higher authorities, certain irregularities, in the distribution of scheduled commodities to the card holders, were noticed. The inspection revealed that the record maintained by the appellant in the sales depot showed that he had distributed sugar and rice to the family card holders over and above the actual quantum of such commodities noted in the family cards. To substantiate its case, the prosecution had examined P.Ws. 1 to 11 and marked Ext. p. 1 to p. 52. The case of the appellant was one of denial. He did not examine any defence witness but chose to mark Ex. D. 1, the acknowledgment signed by P.W. 1 for having received certain documents. Of the witnesses examined, P.Ws. 4 to 10 are the family card holders. P.W. 1 was the inspecting authority, who had checked the sales depot on 14-9-1985 and noticed certain irregularities. P.W.. 2 belongs to the Flying squad of the civil supplies investigation, and he was present with P.W. 1 during latter's inspection. P.W. 3 was at the relevant time the Manager of the godown at Pattukkottai. P.W. 11 is the Investigating Officer, who charge-sheeted the appellant.