ARVIND KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) SPECIAL Sessions Judge, sagar in Special Case No. 3/92 recording conviction of appellant u/s. 3/7 of the essential Commodities Act, 1955 for violating the provision of Section 6 (5) and (12) of the madhya Pradesh (Khadya Padarth)Sarvajanik Nagrik Purti Vitrah Scheme; 1991 (hereinafter referred to as "scheme" only)and sentenced to imprisonment for a period of 3 months and to pay fine of Rs. 2,000/- and in default of fine to suffer R. I. for a period of 3 months. Being aggrieved appellant has preferred this appeal u/s. 374 (2) of Cr. P. C.

(2.) IT is undisputed that appellant was working as Assistant Manager/sales man in Seva Sahakari Sanstha Naryawali (Sagar ). On 2-5-1992 an inspection was made by shri Dharam Das (P. W. 1) Dy. Registrar cooperatives along with Food Officer Shri mishra and Food Inspector Rajendra Kumar shrivastava (P. W. 2) and others. Appellant was working there as Assistant Manager-cum-Salesman. On Inspection they found that the stock of I Quintal of Sugar and 31 kg of Kerosene oil was not distributed to the customers and it was found missing in the shop. Therefore appellant violated the clause 6 (5) and (12) of the "scheme". Appellant was prosecuted for violating the provisions of the "scheme" and they found that appellant has distributed the said 1 Quintal of Sugar and 31 Kg of Kerosene oil not to real customers because on register the Ration Cards numbers or signatures of customers were missing.

(3.) APPELLANT was prosecuted for the violation of the provisions of the "scheme". During trial Dharmdas (P. W. 1) Dy. Director co-operatives, Rajendra Kumar (Shrivastava (P. W. 2) Food Inspector, (P. W. 7) Vimal Kumar jain, Bhagwandas Pandey (P. W. 8) and R. C. Patele (P. W. 9) Co-operative Officials were examined and they have found that the accused appellant has sold 1 Quintal of Sugar and 31 Litres of Kerosene oil to such persons whose cards numbers were not mentioned in the distribution register nor the signatures of the customers were obtained in the register. Rajendra Kumar Shrivastava (P. W. 2) has prepared Ex. P/1 Panchanama and further seized Art. A register of sale of kerosene oil, Art. B register for Sale of other commodities and Art. C stock register for kerosene oil and all other items. As seizure memo Ex. P/2 these registers were seized from R. K. Shrivastava by Nanehelal Aharwar (P. W. 6) Sub Inspector Naryawali in presence of suryabhan Tiwari (P. W. 5) Head Constable. These -facts are further certified by vimal Kumar Jain (P. W. 7), Bhagwandas pandey (P. W. 8) and R. C. Patle (P. W. 9 ). After considering the evidence Special Court found that the appellant was guilty for violating the provisions of the aforesaid "scheme" and convicted and sentenced him as aforesaid.