DASARI TIRUPATHI REDDY Vs. STATE

JUDGEMENT

(1.) This appeal is preferred by the sole accused in S.T.C.No.6 of 1994 on the file of the Special Judge for Cases under the Essential Commodities Act (Sessions Judge), Karimnagar against the conviction for the offence under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 and sentence of rigorous imprisonment for a period of six months and to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for three months imposed by the said Court by judgment dated 19-2-1997.

(2.) The story of the prosecution leading to the conviction of the appellant is briefly as follows:

(3.) The appellant-accused was a Fair Price Shop dealer of Kanukulagidda Village, Karimnagar District. He was selling rice, sugar and other essential commodities to the ration cardholders. He was supposed to maintain proper accounts and show the correct stock of the commodities in his shop. On 21-9-1993 at about 1.00 p.m. one Kothuri Agaiah purchased one quintal of rice from the accused unauthorisedly and he was caught red-handed by the villagers and the rice was kept in the Gram Panchayat Office. On a complaint made by the villagers, the Inspector of Police, VCCS, Karimnagar surprised the shop of the accused on 22-9-1993 in the presence of P.Ws. 1 to 3 and noticed excess stock of 1.47 quintals of rice, shortage of 18 kgs. of sugar, improper maintenance of accounts, non-issuing of bills to the customers, possessing 23 ration cards of the villagers and unauthorized selling of rice of one quintal to a private person by name K. Agaiah. The Inspector, who was examined as P.W.10, further noticed that the transactions of 19-9-1993 to 22-9-1993 were not entered in the registers resulting in variation in the ground balance of the stocks and it also revealed that the accused was diverting the public distribution system stocks to the black market. After conducting a detailed investigation, P. W. 10 laid a charge sheet against the accused.