JITENDRA NATH KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.10.93 passed by Special Judge, Jorhat in Special Case No. 4 of 1990 thereby holding the appellant guilty of offence punishable under Section 7(1) (a) (ii) of the Essential Commodities Act and sentencing him to undergo 3 months R.I. with fine of Rs.100/- or in default for payment of fine to suffer 3 months R.I. The accused appellant was tried along with two others, namely, Lakheswar Bora and Bhowrilal Maheswari on the following charges :

(2.) Prosecution case in brief was that the Inspector, Food and Civil Supplies, Jorhat on receipt of a complaint inspected the record and godown of Dakhin Charigaon, Gaon Panchayat S.S. on 12.9.92, he found certain discrepancies in the record. 100 bags of atta which according to the prosecution had been lifted by accused Lakheswar Bora, Chairman of the Society from Maheshwari Flour Mill, Jorhat was not entered into the record of the Society, nor it has been distributed to the consumers. The allegations made in the report as submitted by Inspector of Food and Civil Supplies are as follows :

(3.) On the above allegations, it was alleged that the accused violated Clause II, 14 and conditions of licence particularly conditions 3(a) & 4 of the Assam Public Distributions of Articles Order .; 1982. Prosecution examined only one witness, the Food and Civil Supplies Inspector as P.W. 1 who proved certain documents from Exhibits-1 to 7. The accused appellant examined himself as a witness. His stand at the trial was that on 24.1.90 he was on Heave and it was the Chairman of the Society, Lakheswar Bora, accused No. 1 who had brought 100 bags of atta from Maheswari Mill and he pleaded ignorance. Trial Court, however, rejected his defence, found him guilty of offence charge and sentence him as already noted above. Hence this appeal.