GITTESH RANJAN DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) The above mentioned criminal appeals have arisen out of the judgment and order dated 24-7-95 passed by the learned Special Judge, Cachar, Silchar in Special Case No. 14/90, whereby vide order dated 24-7-95 the accused appellants were convicted of the offence under Section 7(a)(ii) of the Essential Commodities Act and sentenced to R.I. for 3 years with fine of Rs. 1000/-, in default to suffer simple imprisonment for another 2 months. The three convicted accused appellants have filed three different appeals and they are now being disposed of by this common judgment.

(2.) Accused Gites'h Ranjan Deb, appellant in Criminal Appeal No. 136/95, was the Chairman of the Borjalinga G.P. Level Cooperative Society, Shri Kanan Kumar Bardhan, appellant in Criminal Appeal No. 140/55 was the Secretary of the said Society and the other appellant Sri Fula Singh has been arrayed as the In-charge Secretary, who served the Society for some time. The prosecution allegation is that during the month of March and April, 1990 a complaint was received from the retailers that although the society had lifted rice from the STATEFED it has not been distributed to the retailers and the articles have been misappropriated by the officials of the said Society in violation of the provision of the Assam Public Distribution of Articles Order, 1982. Thereafter the matter was enquired into and physical verification was done, which discloses certain anomalies. The accused persons were tried for commission of the offence punishable under Section 7(a)(ii) of the Essential Commodities Act for violation of Clauses (3), (5), (11) and (14) of the Assam Public Distribution of Articles Order, 1980, for short 'the Order'.

(3.) During trial, the prosecution examined, as many as, 16 witnesses and there were, as many as, 46 documents, which were proved and exhibited. On conclusion of the trial, the learned trial Court recorded the order of conviction and sentence.