V THANGARAJ Vs. STATE

JUDGEMENT

(1.) THE conviction and sentence passed in Calendar Case Nos.616 of 2001 and 617 of 2001 by the Judicial Magistrate Court No.II, Usilampatty, upheld in Criminal Appeal Nos.87 of 2006 and 88 of 2006 by the Additional District and Sessions cum Fast Track Court No.I, Madurai are now under challenge.

(2.) THE case of the prosecution in Calendar Case No.616 of 2001 is that during the relevant period the accused has served as a salesman in Fair Price Shop, Thadaiyampatty Village. On 15.11.2000 at about 3.45 p.m. the complainant has verified family cards in the village and found that from April 2000 to October 2000 the accused has distributed things to non-card holders to the tune of Rs.46,237.50 and thereby derived personal gain. Under the said circumstances, the accused is said to have committed offence under Clause 6(2)(3) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982 read with Section 7(1)(a) (ii) of the Essential Commodities Act, 1955.

(3.) ON the basis of accusation made against the accused in both the cases, the trial Court has framed a relevant charge under Clause 6(2)(3) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982 read with Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 and the same has been read over and explained to both the accused and both the accused have denied their respective charge framed against them and claimed to be tried.