RAJESWAR Vs. STATE

JUDGEMENT

(1.) The appellant is accused in S.T.C. No. 16 of 1986 on the file of the Special Judge (Under E.C. Act), Madurai.

(2.) The accused was convicted and sentenced to rigorous imprisonment for three months and a fine of Rs. 100/- in default to rigorous imprisonment for one month for the offence under S. 7(1)(a)(i) of the Essential Commodities Act, 1955 (for short 'the Act') for refraction or violation of each of the provisions as adumbrated under Clauses 3(1) and (2) of the Tamil Nadu Essential Commodities (Display of Stocks and Prices and Maintenance of Accounts) Order, 1977, (for short 'the Order'). The appellant is stated to have remitted the fine amount.

(3.) Accused is the proprietor of a provision store under the name and style of 'NEW WELCOME STORE' at No. 22/4 Main Road, Anna Nagar, Madurai. On 18-12-1986 between 16-30 and 17-30 hours, P.W. 3, the Sub-Inspector of Police, Civil Supplies C.I.D. Madurai inspected that shop along with other police personnel. At that time, accused was transacting the business. There was stock of baby food, tea packets, electric bulbs, chillies, pulses, rice, wheat, toilet soaps, detergent soaps etc. But accused did not display the stock or a list of prices showing the cost price and sale price of the same. Further there was no bill book, stock register etc. No licence or registration certificate was also obtained for running that shop. No accounts were maintained for the day-to-day transaction. Accused did not give satisfactory explanation for not keeping the same. P.W. 3 prepared an attakshi, Exhibit P. 4 in the presence of P.W. 1, whose signature is Exhibit P.W. 1.