TATIPAMULA LAXMINARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellants were tried as A1 to A3 in STC No. 6 of 1989 on the file of the Sessions Judge, Karimnagar, for contravention of Clause 7(b)(ii) of A.P. Rice Procurement (Levy) Order 1984 (for short 'the 1984 Order') and Clause 3 of A. P. Scheduled Commodities Dealers (Licensing and Distribution) Order 1982 (for short 'the 1982 Order') read with Conditions 3, 4, 5 and 7 of the license, punishable under Ss. 7 and 9 of the Essential Commodities Act, 1955 (for short 'the Act'). The trial Court, through its judgment dated 12-9-1996, found guilty and convicted them of the said offences. For the contravention of the 1984 Order, they were sentenced to undergo Rigorous Imprisonment (RI) for 5 years and to pay fine of Rs. 2000/- each; in default to undergo SI for a period of 6 months each. Similar sentence was awarded for the contravention of the 1982 Order and the sentences were directed to run concurrently. Aggrieved by the said conviction and sentence, the accused preferred this appeal.

(2.) The case of the prosecution is briefly stated as under :-

(3.) PW-3 is the District Supply Officer of Karimanagar. A1 is the Rice Miller, A2 is his Gumasta (Clerk) and A3 is the brother in law of A2. One Head Constable from Central Crime Station (CCS), Medak, had come to PW-3 and shown 8 Forms of Release Certificates said to have been issued by PW-3 and wanted to verify the same with reference to the originals. On verification, they were found to be bogus. Accordingly, PW-3 reported the matter to the Inspector of Vigilance Cell, PW-18. PW-18, in turn, raided the business premises of A1 on 26-9-1985. He found certain incriminating material against A1 and A3.