SUYAMBU NADAR Vs. STATE

JUDGEMENT

(1.) OF the five accused who have been convicted and sentenced, accused Nos.1, 2 and 5 have filed this appeal.

(2.) THE case of the prosecution is that on 8.9.1984 at about 3.15 p.m. on credible information, the Special Tahsildar, Civil Supplies, Tuticorin with his party inspected the house bearing Door No.78, Valayalkarar Compound, Anna 1st Street, Tuticorin belonging to A-1and A-2. At that time A-1 and A-2 were found in the act of mixing duplicate powder with genuine cement with the assistance of A-3 to A-5. Thus, they were manufacturing adulterated cement for sale which was below the prescribed standard. THErefore A-1 to A-5 have committed an offence of contravention of the provisions of Clause (3) of Cement (Quality Control) Order, 1962 read with Sec.3 of the Essential Commodities Act punishable under Secs.7(1)(2) and 8 of the Essential Commodities Act. Accordingly, a charge was framed against all the accused.

(3.) ACCORDINGLY, the appeal is allowed and the conviction and sentences are set aside. If any fine amount had been paid by any of the appellants it shall be returned to them..