PANCHANAN PUROHIT Vs. MD NUROL ABSER SUPPLY

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 22.08.1990 passed by the learned Judge, Special Court, Sambalpur in T.R. No. 2 of 1989 convicting the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act and sentencing him to undergo imprisonment till the rising of the Court and to pay a fine of Rs. 500/ -, in default to undergo S.I. for one month.

(2.) THE case of the prosecution is that on 7.10.1988, the complainant (P.W.1). Supply Supervisor, Rairakhol inspected the business premises of the appellant, who was a licensed control dealer at the relevant time. He verified the daily sale register and the stock register. He also verified the stock physically, which did not tally with the stock shown in the register inasmuch as there was excess of 21 Kgs. of sugar and shortage of 22.82 quintals of rice. The complainant, P.W.1 seized the stock alongwith the books of accounts and kept the stock of rice and sugar in the zima of one Niranjan Biswal. He also examined some of the consumers and ultimately filed prosecution report.

(3.) IN order to prove its case, prosecution examined as many as four witnesses and exhibited 11 documents. The defence examined none. Learned Judge, Special Court, Sambalpur who tried the case by his judgment dated 22.08.1990 acquitted the appellant of the charge under Section 7(1)(a)(i) of the E.C. Act, but convicted him under Section 7(1)(a)(ii) of the said Act and sentenced him to undergo imprisonment till the rising of the Court and to pay a fine of Rs. 500/ - in default to undergo S.I. for one month.