KIRAN JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Judgement shall also govern the disposal of Criminal Appeals Nos. 543/87, 540/87, 534/87, 535/87, 537/87, 595/87, 556/87, 557/87, 558/87, 555/87, 554/87, 552/87, 553/87, 587/87, 584/87, 586/87, 583/87, 585/87, 569/87, 574/87, 577/87, 579/87, 542/87, 573/87, 568/87, 562/87, 580/87, 563/87, 576/87 and 538/87.

(2.) The appellants challenge their convictions under S.7 read with Section 3 of the Essential Commodities Act, 1955 (X of 1955) (hereinafter called 'the Act'), for breach of Clauses 14 and 15 of the M.P. Foodstuffs (Distribution Control) Order, 1960 (hereinafter called 'the Order'). The appellant in this appeal was sentenced to S.I. for one year and a fine of Rs. 10,000/- in default S.I. for six months.

(3.) The prosecution case is that the Wholesale Consumers' Co-operative Store, Seoni, was appointed as an authorised agent under M.P. (Khadya Padarth) Sarvjanik Nagrik Purti Vitaran Scheme, 1981. Appellant Smt. Jain was the sales-woman of the fair price shop run by the Wholesale Store. Other accused persons held different posts of supervisory nature in the Store. Ninety canisters of edible oil were issued to the Store for distribution to card-holders consumers. The appellants instead sold the oil in black-market and earned illegal profits. All the accused persons denied the commission of offences. The learned Special Court convicted and sentenced the appellants as aforesaid. Hence these appeals.