B SAVARAPPA Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal appeal is filed challenging the judgment dated 25-9-1995 passed by the Court of the Special Judge of Trial of Cases Under Essential Commodities Act-cum-III Additional Metropolitan Sessions Judge, Hyderabad in S.T.C.No.12 of 1993.

(2.) A-1 to A-4 were charged for violation of the provisions under Clause 7(a)(l)(2)(b) of A.P. Rice Procurement (Levy) Order, 1984. Clause 16 of the said Order, Conditions 3(1) (a to d), 4,5,6,7,9,10 and 12 of the Licence issued under Clause 3 of the A.P.S.C.D. (L and D) Order, 1982, Conditions 5,7 and 8 of the permit issued by the Collector Mahaboobnagar, which are punishable under Sections 7 and 8 of the Essential Commodities Act, 1955. The Court below, on evidence, found A-1 guilty for the offences under Clause 3 of the A.P.S.C.D. (L and D) Order, 1982 and Clause 7 of the A.P. Rice Procurement (Levy) Order, 1984 read with Section 3(2) (a) and punishable under Section 7(l)(a)(ii) of the Essential Commodities Act and sentenced him to undergo R.I. for two years and imposed a fine of Rs.5,000/- and in default to suffer S.I. for six months. Further on evidence, the Court below found A-2 to A-4 guilty for the offences under Section 8 read with Section 7 of the Essential Commodities Act for abetment contravening the above provisions and sentenced them to suffer R.I. for one year each and also imposed a fine of Rs.2,000/ each and in default, directed them to suffer S.I. for three months each. Aggrieved by the order of conviction, A-1 to A-4 have preferred this appeal.

(3.) The case of the prosecution in brief is that A-l is the proprietor of M/s. Santosh Rice Mill. A-2 and A-3 are the clerks of the said mill and A-4 is the driver of the lorry bearing No.APQ 8303, in which the Essential Commodities were transported.