CHANDULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant Chandulal Chaurasia has preferred this appeal against the judgment of conviction and finding dated 27-9-88 in Special Case No. 3 of 83, by Special Court constituted under Sec. 12-A of the Essential Commodities (Special Provisions) Act, 1981 (Act No. 18 of 81) for contravening Collector's order dated 1-2-82 r/w Clauses 3 and 9 of M P. Kerosene Dealer's Licensing Order, 1979, (hereinafter, for brevity, called Order 1979 and thereby for committing an offence punishable under Sec. 3/7 of the Essential Commodities Act, thereinafter called the Act). The appellant has been sentenced to one years R.I. with the direction that the period of detention in custody be set-off against the sentence awarded.

(2.) The prosecution case lies within a narrow compass. The appellant was semi wholesale dealer in Kerosene. On 19-9-82, at about 3-30 p.m., P.W. 3 Shri P.P. Yadav, Food Inspector, checked the premises in the presence of P.W. 4 Shri Hiralal Sharma, Food Officer and panchas, P.W. 1 Gajraj and P.W. 2 Shyamsunder Dubey. The stock-register and the sale-register, rate list and cash memos were inspected. The opening balance in the stock-register was entered 2695 litres. The quantity sold for the day was shown as 800 litres. Accordingly, the stock in balance should have been 1895 litres of kerosene ; whereas, the physical verification of the stock showed 1445 litres i.e., a quantity of 450 litres of kerosene was found short. The accused/appellant stated that the quantity of 450 litres of kerosene was given at that time unaccounted i.e., in "aapsi vyavahar." The Food Inspector prepared a seizure memo Ex. P-l seizing the stock register, sales-register and the two cash memo books and the stock in hand was given on Supurdaginama (Ex P-2). A panchanama Ex. P-3 was also drawn in the presence of the witnesses which included the panchas. The rate-list Ex. P-5 was also seized and the statement of the accused/licensee (Ex. P-7) was also recorded, in which he had stated that the quantity of 450 litres of kerosene was given in "aapsi vyavahar" for which he is unable to account accordingly, the reports dated 20-9-82 (Exs. P-6 and P-8 Shri Saxena were drawn. On basis of these reports ultimately, P.W. 5 registered the case. It appears that the report was submitted for committing an offence alleged to be under Sec. 33 Madhya Pradesh Bhrashtachar Adhiniyam. The learned Special Judge, before framing the charge, at the request of the Government Pleader, directed the prosecution to file the orders to which the alleged contraventions related which was not objected to by the defence. These documents were submitted and ultimately on 23-3-83, the particulars of the offence relating to the contravention of the orders 1979 read with the Act, referred in Para 1 (supra), were explained.

(3.) The accused/appellant, abjuring the guilt, stated that at the time of checking, he was not present and his younger brother was at the premises. The defence is that Adarsh Yuvak Mal, Maharajpur, another semi wholesale dealer Kerosene has sent a person with a letter (Ex. D.1), informing that it is a bazar day but there is shortage of kerosene in his shop (for brevity called Mandal's shop) and therefore, 400 litres of kerosene be sent with the bearer, to avoid in convenience to the customers and the general public ; that bill thereof would be obtained later on. The accused further stated, that his younger brother gave the quantity of kerosene and asked him to send the amount and take the bill. Meanwhile, the premises were subjected to checking. On return of the accused, his younger brother apprised him and also informed that the premises have been checked. Thereafter, the accused went to the Food Inspector who was sitting at Chhamnulal's shop and requested the Food Inspector to verify those circumstances as the transaction have been entered in the registers of the Mandal also Butin spite of this the accused has been prosecuted So far as the quantity of 50 litres is concerned, the shortage is to be due to loss in transit or evaporation The accused examined D.W. 1 Munnilal Rawat, a clerk in the Collectorate for producing the registers of the Mandal's shop as they were also seized on 30-12-82 by the Food Department. D.W. 2 Shri Deendayal, Upedhyaksh of the said Mandal was examined in respect of the above said Ex D.1 and the supply of 400 litres of kerosene which according to him was entered in the stock and sale registers of the Mandal.