BALAJI TRADERS Vs. STATE

JUDGEMENT

(1.) This is an appeal filed bv the three accused who have been convicted in S.T.C.No. 1/87 on (he file of the Spl. Judge for cases Under Essential Commodities Act, Vizianagaram. The Spl. Judge-cum-District & Sessions Judge by a judgment dated 25th March, 1988 convicted A-1 the firm of Sri Balaji Traders and sentenced tbc firm to pay a fine of Rs. 10,000/- and in default of payment of fine, the Managing partner of A-l firm viz., A-2 shall undergo S. I. for a reriod of 6 months. A-2 the Managing Partner of the firm is conviated and sentenced to suffer R.I. for a period of 5 years under Sec. 7 (1)(a)(ii) of the Essential Commodities Act read with clause 3 of the A.P. Scheduled Commodities Dealers (Licencing and Distribution) Order, 1982 and condition No. 3 (1) (iv) of the licence issued thereunder. A-3 the clerk of the firm is convicted and sentenced t o suffer R.I. for a period of one year.

(2.) The facts relevant for the case are as follows. The 1st accused Sri Balaji Traders, is a licensed dealer in edible oils, seeds and foodgrains. It is also a producer of edible oils. Its business premises is Sri Kanyaka- parameswari Ground-nut oil Mill at Door No. 189 of Komatipalli village. A-2 is the Managing Partner of the mill and A-3 is the clerk of the 1st accused. On 9-6-86 at about 11-30 A.M. in the presence of the mediators, the Inspector of Police, Vigilance cell, Vizianagaram inspected the premises, found A-2 and A-3 present an J transacting the business on behalf of the 1st accused. He found 100 bags of black-gram and this fact was not noted in the pricelist board and in the form-C return for the month of May, 1986. Then it was found that there was ground-nut kernel of 7 bags belonging to A-1, and 75 bags of ground-nut kernel belonging to others. In the pricelist board and stock register it is shown as if the entire stiok be longed to A-1. The 7 bags of groundnut kernel of A-1 was not kept in a separate lot. After completing investigation, the charge sheet was filed making the following allegations : "A stock of 100 bags of blackgram was found since May, 1986 and the same was not mentioned either in the pricelist board or in the form 'C' return for May. 1986 sent to the Collector, Vizianagaram The accused did not keep 7 bags of groundnut kernel belonging to A-1 separately, A-2 and A-3 were not able to identify the 7 bags of groundnut kernel of A-l Thus the accused contravened clause 3 of the A.P Scheduled Commodities Dealers (Licencing and Distribution) Order, 1982 and Sec. 7 of the Essential Commodities Act read with clause 3 of Exhibition of price-list of goods order and conditions 3,4,7 and 8 of the licence.

(3.) The trial court framed 4 points for determination as indicated in paragraph No. 5 of the judgment. Discussing points 2 and 3, the trial court held these two points in favour of the accused. It held points 1 and 4 against the accused. The first point for determination is as follows : "Whether the charge-sheet is barred by limitation ? " The 4th point for determination reads as follows : "Whether the accused did not maintain a separate stock register and did not keep separate stock of the groundnut kernel belonging to A-l and that belonging to the private parties ? "