ASHOK KISAN THORAT Vs. JALANDHAR BABURAO APRADH

JUDGEMENT

(1.) THESE three appeals arise out of a judgment given in a case in which two persons were accused of contravention of the provisions of Clause 13 (1) (a) of the Fertilizer (Control) Order, 1957 read with sections 3 and 7 of the Essential Commodities Act, 1955.

(2.) APPEAL No. 69 of 1987 has been filed by the original accused Ashok Thorat, Manager of the Karad Co-operative Purchase and Sale Society Ltd. , Karad, District Satara. He was upon conviction, sentenced to pay a fine of Rs. 3,000/- and in default to suffer simple imprisonment for three months. The second accused was one Bhogilal Gulabchand Shaha, a trader of Baramati, district, Pune. He was acquitted by the trial Court and hence the State has now filed Criminal Appeal No. 260 of 1987 to take exception to his acquittal. Criminal Appeal. No. 261 of 1987 has also been filed by the State taking exception to the rather mild sentence which has been awarded to the accused No. 1 Ashok Thorat upon his conviction.

(3.) THE prosecution case in brief, is that the Karad Co-operative Purchase and Sale Society, Karad, deals, amongst other things, in the purchase and sale of fertilizers of rather it deals mainly in the purchase and sale of fertilizers. At the material time, in the year 1984, the accused No. 1 Ashok Kisan Thorat was the Manager of this society. The accused No. 2 Bhogilal Gulabchand Shah is a person who is also a dealer in fertilizers.