STATE Vs. STATE

JUDGEMENT

(1.) THESE appeals have been preferred against the judgment in c. C. No. 303/1994 and C. C. Nos. 305 to 328 of 1994 and C. C. No. 330 to 334 of 1994 respectively on the file of the Judicial Magistrate, Madurantakam. The complaint against the accused in the above said cases were preferred by the superintendent of regulation sale center, Madurandhagam , under Section 8 (8) & (9), 20 (1) of the Tamilnadu Agricultural produce marketing (regulation) Act 1987 (hereinafter referred to as "the Act") and Rules 32 (1), (2), 33 (1), (4) and under Rule 48 (1) (B) of the Tamilnadu Agricultural produce marketing (regulation) Rules 1991 (hereinafter referred to as "the rules"), against all the accused individually under the above mentioned calendar cases.

(2.) ALL the accused have been charged to the effect that the accused have obtained licence for the year 1993-1994 under Section 8 (1) of the Act to procure and sell paddy and to indulge in the said business. As per G. O. Ms. No. 3147 Agricultural Department, dated 27. 12. 1972, paddy, as per the above said Act, was notified as a notified agricultural produce for the entire Chengalpet District. As per the Section 6 (2) of the Act, G. O. Ms. No. 4046 dated 03. 10. 1974 has been issued declaring a part of the land in and around the above said regulatory marketing place as notified marketing place. As per Section 8 (8) of the Act, every businessmen who was given licence under Section 8 (1) of the Act, as per the bylaws of the marketing committee has to file form-9 showing the details regarding articles purchased, articles sold and the balance sheet containing the statement of accounts, to the head office of the marketing committee on or before 10th of every month and the details mentioned in the statement must be born with relevant documents and acknowledgment is to be obtained from the marketing committee by having submitted the statements as per Section 8 (8) of the Act and Rule 32 (1) of the Rules. As per Section 24 (1)of the Act and Rules 33 (1) of the Rules, for the products sold as shown in the statement, for the value of Rs. 100/- worth of the product sold Rs. 1/- is to be remitted with the marketing committee. As per Section 33 (4) of the Act, within one week from the date of sale the agency shall remit the charges as mentioned above to the marketing committee. The accused has failed to submit the monthly statement as provided under Section 8 (9) of the Act r/w Rule 32 of the Rules for the period from 01. 03. 1993 to 31. 05. 1993. As per Section 24 (1) and Rule 33 so far the accused have not paid the charges due to the marketing committee inspite of the notice, dated 11. 06. 1993, issued by the superintendent of the market regulation committee, Madurantagam. The accused have not paid the charges due to the marketing committee. The accused have purposely failed to submit the statement of accounts and also failed to pay the charges due to the marketing society. Sanction order has been obtained against the accused as per Section 58 (2) of the Act from the agricultural Marketing Director authorising the superintendent of the marketing regulation committee, Madurantagam , to prosecute the accused under his letter No. 27142/93 dated 26. 11. 1993. The superintendent as complainant filed the complaint against the accused under section 8 (8), (9), 20 (1) of the Act and Rule 32 (1), (2), 33 (1), (4) of the rules.

(3.) EX. P. 1 (in all the above cases) is the application form for licence for sale of paddy and EX. P. 2 (in all the above cases) is the notice issued by the complainant to the accused. EX. P. 3 (in all the above cases) is the final notice issued by the complainant to the accused demanding the accused to file the statement of accounts and the charges due to the market committee. EX. P. 4 (in all the above cases) is the acknowledgment for EX. B. 3 (in all the above cases) served on the accused. EX. P. 6 (in all the above cases) is the register. EX. P. 7 (in all the above cases)is the circular issued by the Secretary of the Agricultural Department issued to all the licenc e traders of paddy in their district and EX. P. 8 (in all the above cases) is the acknowledgment.