S CHINNASAMY Vs. SEEDS INSPECTOR

JUDGEMENT

(1.) THE Appellants / Accused have preferred this Criminal Appeal against the Conviction and Sentence passed on them by the learned Special Judge for E. C/ndps Act, Coimbatore dated 09. 09. 1997 made in S. T. C. No. 3 of 1997 for the violations of Clause 3 (1), 8 (a) and (b) and 18 (1) of Seeds (Control) Order, 1983 with reference to clause (a), (h) and (i) of Sub Section 2 of Section 3 punishable under Section 7 (1) (a) (ii) of the Essential Commodities Act 1955. The Special Judge sentenced the Appellants / Accused to undergo Three months Simple Imprisonment on Three counts and to pay a fine of Rs. 1000/- each on Three counts.

(2.) FIRST Accused is the Proprietor of Sri Murugan Agro Centre at Aanaikatty situated at Aanaikatty Bus Stop. The Second Accused is the employee under A-1. P. W. 1 is the Seed Inspector, Coimbatore. On 15. 05. 1996, P. W. 1 has inspected Sri Murugan Agro Centre of the Accused; inspection could not be conducted on that day since no responsible person was available in the shop on the date. Again on 25. 10. 1996, P. W. 1 inspected the shop of A-1. 2 Kgs. of Cotton Seeds, 2 Kgs. of Tomato Seeds were found in the Shop, intended for the purpose of sale. The First Accused had not obtained any licence for selling the Seeds under the Seeds (Control) Order. The Price list or Index was not displayed in the Shop. The price of the Seed varieties were also not conspicuously displayed. P. W. 1 interalia noted the following violations:-

(3.) THE quantity of Seeds found in the shop was carefully packed and sealed in the presence of the Second Accused and the same was entrusted to him under Ex. P. 2. P. W. 1 prepared his Inspection Report Ex. P. 1 on 25. 10. 1996 and the Second Accused had affixed his signature to the Inspection Report Ex. P. 1 prepared by P. W. 1.