MACHINENI VENKATRAO Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal preferred by the sole accused challenging his conviction for the offence under Clause 4 of the Andhra Pradesh Scheduled Commodities (Regulation of Distribution by a card system) Order 1973 and condition Nos. 7 and 8 of the licence issued thereunder read with Sections 3 and 7of the Essential Commodities Act and sentencing him to suffer rigorous imprisonment for two years, imposed by the learned Special Judge for Essential Commodities Act Cases-cum-Sessions Judge, Adilabad as per his judgment dated 23rd March 1990 in S.T.C. No. 2 of 1989 on his file.

(2.) The case of the prosecution is briefly as follows:- The accused was the dealer of fair price shop No.1 of Kuntala village. The Collector, Civil Supplies, Adilabad allotted palmolin oil as additional quota for Sankranthi festival of 1988. The Mandal Revenue Officer, Kuntala in turn, allotted 3 quintals of oil to Fair Price shop No. 1 of Kuntala by his proceedings dated 30-12-1987 and the accused lifted the same on 1-2-1988. He has also lifted the regular quota of 3-10 quintals of oil for the month of January 1988. On 14-2-1988 when the Mandal Revenue Officer inspected the shop of the accused, the accused did not account for the 3 quintals of oil given as a special quota and he has also failed to produce the distribution register. The accused sold away the extra quota in black market. Thus, the accused contravened clause 4 of A.P. Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973 and condition Nos. 7 and 8 of the Licence issued thereunder.

(3.) The prosecution examined 13 witnesses and got Exs.P-1 to P-24 marked in support of its case.