STATE Vs. CO OPERATIVE SOCIETIES MULUVI

JUDGEMENT

(1.) This appeal by the State is against the acquittal of the respondents herein by the Special Judge, under the Essential Commodities Act, Salem in S. T. C. No. 24 of 985 finding that the respondents are not guilty of the offences under Section 6 (3) read with Section 7 (1) (a) (ii) and 3 (1) (2) read with Section 7 (1) (a) of Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982, Essential Commodities Act

(2.) The prosecution case is that the first respondent accused is a multipurpose co-operative society in Muluvi Village in Yercaud in which the second respondent accused was the salesman prior to 3.3.1983 and the third respondent was a salesman from 4.3 1983 to 5.8.1983. When the Special Tahsildar of Flying Squad P. W. 11 inspected this multi-purpose co-operative society, he found the sale of the commodities to persons who are not card-holders and whose cards were not registered in this society and that the stocks and prices were not exhibited in the society on the date of the inspection.

(3.) Prosecution examined the card holders P. Ws. 1 to 9 who have deposed that they purchased only certain commodities and sometimes they were not supplied with full quantity on their demand. P. W, 10, the Special Deputy Tahsildar has spoken that the 7 card numbers found in the bill book maintained by the first accused society, were not registered with this society, but in some other society, P. W. 11, the Special Tahsildar of Flying Squad, has spoken that the inspection was conducted by him on 4.8.1983 and 5.8.1983 and the irregularities were found by him. P. W. 12 is the Accountant of the society and P. W. 13 is the Investigating Officer.