INDER CHAND Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge of Lucknow recommending that the conviction of index Chand under Section 7, Essential Supplies Act for infringement of Clause 25 and 26, U. P. Foodgrains Rationing Order, 1949. and the sentence of fine of Rs. 75/- be set aside.

(2.) IT appears that Inder Chand was the Manager of Consumers Co-operative Society shop in mansoornagar. This Co-operative society held a licence as an authorized retail dealer and used to sell rations to card holders. On 4-12-1951, an Inspector of the Rationing Department inspected the shop and found certain irregularities. He found that rations had been given to some persons and not entered on the cards and also that certain rations entered on the cards were not given to the card holders. He also found that the accounts had not been kept correctly. Inder Chand and lalta Prasad. were prosecuted for breach of certain provision of the U. P. Foodgrains Rationing order, 1949, under Ss. 7 and 8 Essential Supplies (Temporary Powers) Act.

(3.) THE defence of the accused was that he was not present in Lucknow on 4-12-1951, and as such had no knowledge of what was done by Ram Sarup who was in charge of the shop at mansoornagar. Lalta Prasad pleaded ignorance of the affairs, as he was only a weigh-man at the shop.