A.V. CHINNIAH THEVAR Vs. ANTHONISWAMY,

JUDGEMENT

(1.) ONE Thangaraj, a servant employed in the Kallar Co -operative Milk Supply Society at Gudalur, carried in a can buffalo's milk for

(2.) THE Petitioner admits that he was the President of the Society during the year 1968. He contends that he was not in charge of the affairs of the Society in any manner. The milk was purchased from Thangaraj when he was carrying the same in a tin in a street in Gudalur village. In other words, it was not purchased from the premises of the Society, or in the presence of the Petitioner. P. W. 1, in the first complaint filed by him, has impleaded this Petitioner and Jayaraj in their respective capacities as President and Secretary of the Society. However, in his evidence he has stated that by mistake Jayaraj, was impleaded in the complaint. The learned Magistrate has discharged him on this ground. In the subsequent complaint filed in October, 1969, it is averred that Mookan (fourth accused) was the Secretary of the Society. The specific allegation in that complaint is that as secretary he was one of the responsible persons in charge of the business. There is no allegation in the first complaint that the President was responsible for the affairs of the society. P. W. 1 has deposed in his evidence that both accused 1 and 4 were actually managing the society. The learned Magistrate has acquitted the fourth accused, stating that there was no evidence to link him with the offence. What applies to the fourth accused equally applies to this Petitioner, also. Significantly, P. W. 1 has not alleged in the complaint filed in court that this Petitioner was actually managing the Society.

(3.) THE conviction and sentence imposed on the Petitioner are set aside. He is acquitted of the offence for which he stands convicted. The fine, if collected, shall be refunded to him. The revision is allowed.