P Vs. SLATE

JUDGEMENT

(1.) THE appellant was found to have violated Clause 3 of the cement (Quality Control) Order, 1968, hereinafter referred to as'order', which is an offence punishable under Sec. 7 (1) (a) (ii) of the Essential commodities Act, 1955.

(2.) THE prosecution alleged that the appellant was found in possession of 84 bags of adulterated cement in Door No. 317, Chatram kudiyiruppu, Rajavallipuram Road, thalayuthu, which had been taken on monthly tenancy from P. W. 1. P. W. 5, inspector of Police, Civil Supplies, C. I. D. , inspected the premises aforementioned on 8. 3. 1984 at 12 noon and found the appellant present. THE seizure was made the mahazar Ex. D7 attested by P. Ws. 1 and 8. THE cement seized was sent for analysis through Court and it was found not to conform to the two specifications of Portland Cement and Portland Pozzolana cement as per i. S. 1969-76 and I. S. 1489-76. In the opinion of the analyst, the sample were adulterated cement. THE learned trial Judge found the accused guilty of the offence for which he was charged and convicted and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 800 in default to undergo rigorous imprisonment for one month.

(3.) MR. Kannappa Rajendran, learned counsel for the respondent was heard on both these aspects.