TAMIL NADU CIVIL SUPPLIES CORPORATION LIMITED TIRUNELVELI Vs. INSPECTOR OF POLICE CIVIL SUPPLIES C I D TIRUNELVELI

JUDGEMENT

(1.) OF the six accused in the case the first accused Tamil Nadu Civil Supplies Corporation Limited, Tirunelveli, which alone has been convicted and sentenced has filed this appeal.

(2.) THE case of the prosecution is that false entries have been made in the Bill Books as though rice has been supplied against the ration cards and then eight bags of rice were stealthily transported from the Fair Price Shop in a cart during night and some of the villagers on coming to know of this stopped the cart. It appears A-5 Salesman was the person who was transporting and A-6 was the driver and owner of the bullock cart and A-5 immediately ran away. THE villagers gave information to P.W.1 Tahsildar and he arrived at the scene at 4.00 p.m. on the next day. After recording statements from the villagers he gave a complaint to the police Ex.P-1 against A-5 and A-6.

(3.) THE question is how A-1 is guilty of any offence. THE main charge is violation of Clause 6(2) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, herein after referred to as the Tamil Nadu Scheduled Commodities Order. This Clause 6(2) reads thus: "6(2) the authorised dealer with whom the family card is registered shall on production of such card by the holder, make necessary entries in the card and supply the schedule commodities not exceeding the quantities for which he is eligible." It is not in dispute that A-1 is an authorised dealer. I do not understand how Clause 6(2) is violated at all by A-1, from the facts of the prosecution case stated above. This clause is to the effect that if a family card which is registered with the authorised dealer is produced by the cardholder the authorised dealer shall after making necessary entries in the card supply the scheduled commodities (not exceeding the quantity for which he is eligible). It is not understandable how A-1 has violated this when A-5 has made false entries in the bills as if rice has been supplied to cardholders. THErefore, clearly no offence under Clause 6(2) is committed at all.