GYARASI Vs. STATE OF M P

JUDGEMENT

(1.) ADDITIONAL Sessions Judge, Khurai in Sessions Trial No. 51/1991 vide impugned judgment dated 9-1-1992 recording conviction of appellant under Section 33 of the M. P. Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982 sentenced him to undergo RI for a period of 2 years and to pay fine Rs. 2,991/ -. Being aggrieved, appellant has preferred this appeal under Section 374 (2), Cr. PC.

(2.) THE brief history of the case is that P. S. Khimliasa, District Sagar has filed a challan against the appellant with an allegation that while running a fair price shop, he has misappropriated about 4 quintals of sugar. On the date of inspection, i. e. , on 19-9-1989, Food Inspector alongwith SDO (R) inspected the fair price shop of appellant. It was found that 9 quintals of sugar was issued to the appellant for distribution in his fair price shop on 16-9-1989. As per register, appellant has distributed only 2. 75 quintals and 425 gms of sugar to card holders and 2. 21 quintals of sugar was found in his shop. Another three quintals of sugar was kept in Village Mahra and one quintal of sugar was misappropriated at Khimliasa. On verification of the record, these facts were found. On completion of investigation, challan under Section 33, M. P. Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982.

(3.) APPELLANT abjured the guilt. However, the Court below convicted the appellant under Section 33 of Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982 for breach of Khadya Padarth Sarvajanik Nagrik Purti Vitaran Scheme, 1981 (M. P.) (hereinafter called the Scheme 1981") and sentenced him to undergo the imprisonment as stated above.