SHANKAR LAL Vs. STATE OF RAJSTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused-Shankar Lal against a judgment dated 16-5-1987 by the learned Special Judge (EC Act), Sirohi whereby the appellant has been found guilty for the offences punishable under Ss. 3(2)(i) and 3(2)(d) read with S. 7 of the EC Act and has been awarded rigorous imprisonment for six months and a fine of Rs. 2,000/-. On account of non-payment of fine additional rigorous imprisonment for three months has been awarded.

(2.) According to the prosecution story the dealership for distribution of essential goods for Wards No. 7 and 8 in the township of Sirohi was awarded to M/s. Shanker Lal Kishna Ji, Sirohi and on the complaint of a consumer (P.W. 5 Vijay Singh) the said shop was visited by the Enforcement Inspector (P.W. 6 Karan Singh) on 4-6-1983. Inspection Report Ex. P/6 was prepared by the said P.W. 6 Karan Singh according to which the licence of the said firm, for dealing in essential commodities, was found valid up to 31-3-1986 and on physical verification it was found that the stock of wheat and kerosene was found in order. Further it was found that the display board on the shop was dated 3-6-1983 and the entries of stock and prices were perfectly correct. However, it was found that the dealer was under obligation to maintain a stock of 50 litres kerosene whereas only 15 litres kerosene was found in the shop and further it was found that on the bills issued, the licence number and the unit number of the ration cards were not mentioned. In this way, it was found that the stock register was not correctly maintained and the dealer was guilty of breach of order No. 498, dated 27-4-1983 of the District Collector.

(3.) It appears that a private complaint was filed by the Supply Department and the appellant was put to trial for the said offence before the said trial Court. The judgment was delivered on 2-1-1985 and the Court came to a conclusion that the complaint was not maintainable and only a challan could be filed by the police. Subsequently, an FIR was lodged with the police and ultimately the challan was filed and the appellant was again put to trial. He pleaded not guilty. Twelve witnesses were examined by the prosecution and none was examined in defence. The accused in his statement under S. 313 of the Cr. P.C. denied that he was the dealer at the relevant time and contended that after closing the shop he was serving somewhere in Gujarat. He further stated that he was implicated by P.W. 5 Vijay Singh on account of personal animosity. Arguments were then heard by the learned trial Court and the judgment was delivered on 17-5-1987. Feeling aggrieved this appeal has been filed by the accused.