R. KASINATHAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the second accused challenging the conviction and sentence imposed upon him by the Special Court for E.C. Act and NDPS Act Cases in S.T.C.No.5 of 1998 on 28.05.2003. The trial Court has convicted the accused for offences under Clause 6(2)(3) of the Tamil Nadu Scheduled Commodities (Regulation and Distribution by Card System) Order, 1982 r/w. Section 7(1)(a)(ii) of the Essential Commodities Act and sentenced to undergo the minimum sentence of three months and to pay a fine of Rs.25,000/-.

(2.) It is the case of the prosecution that the first accused in this case is Madurai Telegraph and Telephone Employees Cooperative Stores Limited and the second accused who is the appellant herein was the salesman in the cooperative store. The first accused store is a fair-price shop authorised to sell rice and other food products to family card holders under the Tamil Nadu Scheduled Commodities (Regulation and Distribution by Card System) Order 1982 issued under Section 3 of the Essential Commodities Act. On 26.06.1997, the Sub Registrar (Public Distribution System), Madurai, by name Thiru.Nagarajan (P.W.2) conducted a surprise inspection at the first accused fair price shop and found serious irregularities. There were 622 family cards registered with the first accused fair price shop. A2 was responsible for the stocks and sales of the essential commodities to family card holders. A2 has to maintain the Stock Register, 'B' Register and other Registers in the shop. When P.W.2 inspected 'A' and 'B' Registers and bill books, it was found that 506 Kgs of rice, 32 1/2 Kgs of sugar, 50 litres of kerosene and 5 kgs of wheat were sold on bogus bills without any entries in the family cards. P.W.2 conducted a thorough investigation and questioned eight family card holders who told him that they had not purchased the items though records have been created to show as if they had purchased rice and other items. P.W.2 submitted a report Ex.P35 on 01.04.1997 to his superior officer (P.W.1) who is the Tahsildar of Civil Supplies (North Range), Madurai. P.W.1 lodged a complaint (Ex.P1) on 26.06.1997 to the respondent police based on which investigation was taken up and final report was filed against A1 and A2. In the trial, the prosecution examined six witnesses and marked 37 exhibits. The trial Court convicted A1 who is the fair price shop and sentenced it to pay a fine of Rs.25,000/-. Similarly, the trial Court convicted A2 and sentenced him to undergo three months rigorous imprisonment and to pay a fine of Rs.25,000/-, in default, to undergo three months simple imprisonment. Hence, this appeal.

(3.) On 04.06.2014, when this case was listed for final hearing, this Court passed the following order: