RAM PHEREY Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 03.11.1998, passed by Special Judge, E.C. Act / Additional district and Sessions Judge, Hardoi, in Criminal Case No. 15 of 1991 (State vs. Ram Pherey), under Section 3/7 E.C. Act, Police Station Lonar, District Hardoi, whereby the accused was found guilty and sentenced to undergo 1 year rigorous imprisonment along with fine of Rs. 1000/- with default stipulation.

(2.) Filtering out unnecessary details, the prosecution case in brief is that a complaint was lodged by the Supply Inspector stating that the accused Ram Pherey supplies sugar and kerosene oil to the card holders. Complaints were received from card holders Hari, Udai Raj, Rajendra Prasad, Raj Kishore, Madan Mohan, Ram Charan, Prabhu Dayal and others on which the Supply Inspector went to the spot on 11.08.1991. The shop keeper closed the shop and fled away. There was no information about the shop being closed. The stock board and the rate board were not displaying anythng. The brother of the accused was found at the spot. He was directed to ensure that the record relating to the shop coupled with the sale register and the stock register are submitted within three days to the office. The accused have not supplied the articles to the card holders, although, he levied the prescribed quota of articles but he did not distribute it amongst the card holders, hence the report was lodged.

(3.) On the basis of the report, investigation was conducted which ended into a charge sheet. Charges were framed against the accused under Section 3/7 E.C. Act on 31.03.1992. But the accused pleaded not guilty and claimed trial.