STATE Vs. RAJA

JUDGEMENT

(1.) THIS appeal is preferred by the State against the judgment of the Chief Judicial Magistrate, Tirunelveli, acquitting the accused who were charged for offences under Sec. 32 of the Tamil Nadu Weights and Measures (Enforcement) Act, 1958.

(2.) ON 28.5.1982 at about 9.15 a.m. the Consumer Co-operative Stores at Tirunelveli sold six litres of Kerosene to one Mrs. Eswaran under Bill No. 35450 and under Bill No. 35451 and the Kerosene was delivered against two family cards. It was checked by the Assistant Labour Inspector and it was found that there was a shortage of 250 ml. of Kerosene. P.W.1 is Mrs. Eswaran. She purchased Kerosene on behalf of the Thayammal and Rajan Pillai. It was measured in the presence of the accused and P.W.1 and there was a shortage of 250 ml. as already stated and P.W.2 Assistant Inspector of Labour, prepared Exhibit P-3 a mahazar, containing these particulars. He sent notice to the Secre-trary of the Consumer Co-operative Stores and to the accused. They send replies. P.W.2 then filed a Complaint.

(3.) THE view of the Magistrate that the Society must be made a party, appears to be correct and in the absence of the Society, the accused alone cannot be punished. In an appeal against acquittal even if two views are possible, the High Court should be slow in reversing the judgment of acquittal. For these reasons, the appeal is dismissed.