KANHAYLAL KUNDANMAL OSWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) :- This is an appeal under Section 12 read with Section 374 of the Criminal Procedure Code. The appellant accused challenges his conviction under Section 7 of the Essential Commodities Act, 1955. The offences which he is held to have committed are for contravention of the provisions of Section 3 of the Act, read with the provisions of Clauses 6 and 10 of the Maharashtra Scheduled Commodities Retail Dealers' Licensing Order, 1979 (hereinafter referred to as the said Order) and further read with the terms or conditions Nos. 3, 4 and 6 of a licence issued to him as a retailer in kerosene. The appellant Kanhaylal Kundannlal Oswal obtained a retail dealer's licence under the Order and this licence expired on 31st of December, 1982. On 18-1-1983 the accused made an application to the concerned authority for a renewal of this licence. The order renewing the licence was passed on 2-5-1983.

(2.) FOR the period between 31-12-1982 and 2-5-1983, the appellant accused had continued to conduct his business as a retail dealer in kerosene.

(3.) THE prosecution case is that the District Supply Officer under the Collectorate, Pune had been receiving complaints from several quarters within the Pune Food distribution area, that there was a serious shortage of kerosene and the card holders were not being supplied kerosene on their cards. Therefore, the Supply Inspector Ulhas Sahadeorao Kadre PW-1 along with his superior the Zonal Officer one Vajrani decided to carry out inspection of the shops of the retail dealers in kerosene. On 23-3-1983, they therefore visited the shop of the accused in the Shivajinagar locality. The accused was present in his shop. A demand for production for the purposes of inspection - of the stock register and the receipt book was made and these were accordingly produced by the accused. Upon inspection of the stock register and the account books pertaining to the purchase and sale of kerosene it was found that the stock of kerosene with the accused in his shop ought to have been 545 liters whereas it was actually found to be 468 liters. That is, there was a shortage of 77 liters of kerosene in the stock. Secondly, on inspection of the receipt books produced by the accused, it was also found that instead of selling kerosene at the rate fixed by the Collector of Pune, Rs. 1. 77 paise per liter the accused had sold kerosene at the rate of Rs. 1. 91 paise per liter.