SUKHURAM Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has filed the present appeal assailing his conviction under Section 3/7 of the Essential Commodities Act on having been found guilty of violation of Clause 6 (4) of the M. P. (Food) Public Distribution Scheme, 1981. The appellant was sentenced to undergo six months' imprisonment and fine of Rs. 1000/-, in lieu of which it is ordered to undergo further R. I. for four months.

(2.) PROSECUTION case in brief is that the appellant was possession a licence of fair price shop and while holding the said licence he violated Clause 6 (4) of the M. P. (Food) Public Distribution Scheme, 1981. Allegation against the appellant was that quantity of grain and sugar issued to the appellant was higher and on verification the same was found to be lesser in quantity. Thus, prosecution alleges that the appellant was guilty of selling it in an illegal manner.

(3.) THE trial Court found that the appellant had violated M. P. (Food Stuffs) Public Distribution Scheme, 1981. Under Clause 6 (4) of the said scheme, it was incombent upon the appellant to make the sale only to the ration card holders. For violation of Clause 6 (4) of the said Scheme of 1981 the appellant has been convicted under Section 3/7 of the Essential Commodities Act.