BABAN SHANKAR SURYAWANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both the Counsels in their respective appeals and also heard the learned A. P. P. for the State.

(2.) BOTH these appeals arise out of a common judgment of conviction in which accused No. 1 who was the Secretary and accused No. 2 who was the Chairman of Burud Samaj Audyogik Sahakari Society Ltd. , Islampur, were convicted under the provisions of the Essential Commodities Act, 1955, and the Maharashtra Scheduled Commodities (Regulation of Distribution) Regulation, 1975, (hereinafter referred to as E. C. Act and Regulation, 1975 in short ).

(3.) AS per the charge framed against the accused appellants they had not complied and had contravened the provisions of section 18 (2) (e), (g) of the Regulation 1975 and committed offence punishable under section 3 read with section 7 of the E. C. Act. This non-compliance included not maintaining on the premises of the shop true and proper accounts with regard to the receipt, distribution and sale of scheduled commodities together with all the supporting vouchers and other papers particularly the prescribed books and registers, not displaying the name in Marathi showing its authorised number, name and address of shop, retail prices of scheduled commodities, time of working etc. and not obeying and carrying out instructions given by the Collector from time to time. These illegalities also included finding of excess sugar by 43. 810 kgs. palmolive oil found excess by 14. 5 kgs. and 5 kgs. of rice were found less in stock.