LAWS(ALL)-2017-1-448

KAMAL SINGH Vs. STATE OF U P

Decided On January 25, 2017
KAMAL SINGH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused appellant Kamal Singh against the judgement and order dated 29.3.1989 passed by Special Judge, E.C. Act, Budaun in Special Case No. 36 of 1987 (State Versus Kamal Singh) under Section 3/7 of The Essential Commodities Act (here-in-after referred to as the 'Act'), Police Station Wazirganj, District Budaun convicting and sentencing the appellant for the offence punishable under Section 3/7 of the Act to undergo one year rigorous imprisonment and a fine of Rs. 250/-. In default of payment of fine, the appellant was further directed to undergo additional imprisonment of three months. Both the sentences have been directed to run concurrently.

(2.) The facts of the case as unfolded by the informant Sheodan Singh, Marketing Inspector (P.W.1) are that on 17.12.1986, on the directions of the Pargana Adhikari, informant Sheodan Singh, the Marketing Inspector along with S.H.O. Chandra Shekhar Gupta, constable Ram Chander Singh and Gulab Rai Kamdar of Marketing Department reached the fair price shop of Co-operative Society, Bankota for checking / inspection. At that time accused appellant Kamal Singh, sales man of the shop, was found present at the shop. The inspecting team checked the stock and sale registers of the said fair price shop of sugar and kerosene oil and found three quintals 21.500 kilograms of sugar stock and 1320 litres of kerosene oil in stock. While checking the records of the shop, it was found that in the stock register the opening balance of sugar on 14.12.1986 was only entered by accused Kamal Singh and on the same day 41 kilograms of sugar was shown to have been sold to ration card holders and on the very same day in the sale register 1 quintal 16.500 kilograms sale of sugar was shown, but there was no signature or thumb impression of any of the cardholders in the sale register, in this way, shortage of 1 quintal 16.500 kilograms of sugar was detected in the stock of the said shop. On checking of stock register of kerosene oil, it was further detected that on 15.12.1986 accused Kamal Singh had lifted 1900 litres of kerosene oil for distribution, of which there was entry in the stock register, but only 1320 litres of kerosene oil was found in the stock. In this manner, 580 litres of kerosene oil was found short from the possession of the accused Kamal Singh. No entries were made in the stock register of kerosene oil after 15.12.1986. Thus, the accused Kamal Singh violated the orders of stock & control and supply & distribution of essential commodities.

(3.) The aforesaid stock of sugar and kerosene oil was taken in possession by inspecting team and search and recovery memo (Ext. Ka-1) was prepared on the spot. Marketing Inspector Sheodan Singh and S.H.O. Chandra Shekhar Gupta also put their signatures on the bottom of entry of stock registers of sugar and kerosene oil which has been proved as Ext. Ka-2 and Ext. Ka-3 respectively. They also put their signatures on the bottom of entries of same registers at page 19 which is Ext. Ka-4. The inspecting team brought the accused and recovered commodity to the police station. On the basis of recovery memo (Ext. Ka-1), head constable Dhyan Pal Singh (P.W.3) prepared chik F.I.R. (Ext. Ka-9). G.D. Entry (Ext. Ka-10) was also made at the same time and case was registered against the accused.