PAIDIMUKKALA VENKATA KRISHNA RAO Vs. STATE

JUDGEMENT

(1.) Sri Paidimukkala Venkata Krishana Rao-A1 in S.T.C.No.4 of 1992 on the file of the Court of the Special Judge for Essential Commodities Act-Cum-Principal Sessions Judge, West Godavari District, Eluru had preferred the present criminal appeal, aggrieved by the conviction and the sentence imposed on him by the learned Judge, for the violation of Clauses 7, 9, 19 and 23 of the Fertiliser (Control) Order, 1985 (herein after in short referred to as the Order for the purpose of convenience) read with Sections 7 and 8 of Essential Commodities Act, 1955 (herein after in short referred to as the Act for the purpose of convenience.)

(2.) The charge sheet is filed under the afore said provisions with the following allegations:- A.1 is a resident of Prattipadu Village, Pentapadu Mandal and A.2 is a resident of Tadepalligudem town. Both are close associates and doing Fertilisers business without licence.

(3.) On information that unlilcenced business is being carried on in Fertilisers in Prattipadu Village, Pentapadu Mandal, P.W.8 visited Prattipadu Village on 07-12-1991 and arranged a trap to nab the unlicenced dealers. On 7-12-1991 at about 10.00 A.M. P.W.8, secured the presence of P.Ws.1 to 4 and went to a place nearby Anjaneyaswamy Temple. P.W.8 gave R.170/- to PW.1 in the presence of P.Ws.2 to 4 and made him to confirm that he was having no other money and drafted a mahazar to that effect in the presence of the above mediators. P.W.8 asked PW.1 to purchase a bag of Factomphos and gave them a signal. Accordingly, PW.1 went to an unlicenced dealer viz., A-1, who was carrying on business, in the house of PW.5 and purchased a bad of Factomphos for Rs.170/- and gave a signal to the party. On receiving the same, P.W.8 along with the party went to the house of PW.5 where A-1 and A-2 were carrying on business. A-1, was present at that place and PW.1 showed him as the person who sold him the Fertiliser bag for Rs.170/-. On being questioned, A-1 admitted about the selling of the bag and produced the amount given to him by PW.1. The numbers tallied with the numbers noted in the mahazar. Then, P.w.8 questioned about the other stocks held there. A-1 showed the godown and there were SPIC D.A.P.-176, Facatomphos 20-20 130 bags; Yield Top 10 kgs Bags 50 bags; Zinc 50 bags, Shaw Zinc- 50 kgs.-11 bgs; shaw zinc 25 kgs. 50 kgs-11 bags. Shaw Zinc- 50 kgs.- 11 bags; shaw Zinc 25 kgs. 50 kgs-11 bags. When questioned about the Scooter (Bajaj Chetak), A-1 represented that it belongs to A-2, who is the person jointly doing business with him. P.Ws.2 and 4 collected the samples from the seized fertilizers, at the request of P.W.8 and sent them for analysis.