KONKIMALLA VENKATA SURESH Vs. STATE OF A P

JUDGEMENT

(1.) This criminal appeal is filed by the appellant-accused, aggrieved by the judgment made by the Special Judge under Essential Commodities Act, Krishna Division at Machilipatnam in S.T.C. No. 12 of 1996, dated 22-5-1997.

(2.) The case of the prosecution is that the Inspector, Vigilance Cell, Civil Supplies Department, Vijayawada filed charge-sheet against the appellant-accused on the allegation that on 2-4-1993 at about 12-00 noon, the said Inspector along with his staff and mediators inspected M/s Sri Srinivasa General Merchants and found the appellant-accused in the shop and verified the stock register and compared the stocks with book balance and found that there is a variation in the stocks of rice of 40 quintals in 40 bags and it was also found that the appellant-accused was purchasing rice meant for 'Food For Work Programme' and also purchasing rice from non-trading rice mills and selling the same at higher rates and thus the appellant-accused had contravened the Clause 3 of A.P. Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982 and Clause 3 of A.P. Prevention of Hoarding of Food Grains Order, 1973 read with Section 7 (1)(a) (ii) of the Essential Commodities Act, 1955.

(3.) The prosecution had examined PWs. 1 to 4 and Exs.P-1 to P-5 were marked. On behalf of defence, DWs. 1 and 2 were examined and Exs.D- 1 to D-3 were marked.