STATE Vs. RAJA AND SANKARALINGAM

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 S. 32 of the Tamil Nadu Weights and Measures (Enforcement) Act 1958.

(2.) On 28th May, 1982 at about 9. 45 a.m., the Consumer Co-operative Stores at Tirunelveli sold six liters 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 Ex. P3, a mahazar, containing these particulars. He sent notice to the Secretary of the Consumer Co-operative Stores and to the accused. They sent replies. P.W. 2 then filed a complaint.

(3.) The first accused in his reply has stated that there was heavy rush and that the short supply was due to pressure of work and that he is responsible for that. But the trial Magistrate acquitted the accused on the ground that the Cooperative Society ought to have been made a party and in the absence of the Co-operative Society as a party, the accused cannot be found guilty as the offence has been committed by the accused not in their individual capacity.