E GURUVAYI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Accused in S.T.C.No.13/1995 on the file of Special Court for Essential Commodities & Narcotic Drugs and Psychotropic Substances Act Cases, Coimbatore is the Appellant. By the Judgment dated 08.01.1996, the learned Special Judge convicted the Appellant / Accused for the offence under Sec.10(a) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order read with Sec.7(1)(a)(ii) of Essential Commodities Act and sentenced to undergo rigorous imprisonment for three months and imposed fine of Rs.1,000/=

(2.) For disposal of this Appeal, the facts of the case could be referred shortly;- Inspector of Police, Civil Supplies C.I.D, Erode checked the Appellant / accused in Mariamman Koil Street, near Vinayagar Koil at Kuruppanaickenpalayam on 19.04.1995 - 6.30 pm and the accused was found to be in possession of 8 ration cards, which do not belong to her. Appellant / accused is charged that she was knowingly and wilfully found in possession of 8 ration cards that do not belong to her with the intention of getting illegal gains. A case was registered in Crime No.40/1995 under Ex.P.10 - First Information Report. Investigation revealed that the cards seized are the family cards of P.Ws.1 to 4 and other villagers. Since accused was found to be in possession of 8 ration cards with the intention of getting illegal gains, Appellant / Accused was charge sheeted for the violation of Section 10(a) OF Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982 read with 7(1)(a)(ii) of Essential Commodities Act.

(3.) To substantiate the charge against the accused, in the trial court, Prosecution has examined P.Ws.1 to 6. Exs.P-1 to P-10 were marked. The Appellant had admitted the possession of the ration cards. But she would claim that the ration cards either belonged to her relatives or other villagers have entrusted the cards for purchasing the commodities and handing over to them and that she was doing the work out of gratis. Defence set forth by the accused was rejected by the learned Special Judge finding that she does not fall under Exception Clause under Sec.10 of Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982 (for short 'the Order'). Finding that mere possession of Exs.P.1 to P.8 - ration cards would amount to violation of Section 10(a) of the Order and that the accused did not satisfactorily account for possession of the same, the learned Special Judge convicted the Appellant/ accused imposing sentence of imprisonment as aforesaid in para(1).