(1.) Heard learned counsel for the parties.
(2.) The appellant has been convicted for offence punishable under Section 3 / 7 of the Essential Commodities Act and has been sentenced to undergo R.I. for a period of one year and pay fine in sum of Rs.1,000/-. In default of payment of fine he has been directed to undergo R.I. for three months.
(3.) As per the prosecution the appellant was employed as a salesman by the Kabra Sahkari Samiti and his duties were: (1) to receive rations to be distributed through the Public Distribution System, (2) keep an account of the rations, (3) upon sale to the beneficiaries, maintain a record thereof. 60 bags of sugar and 40 tins of rapeseed oil were found missing. They were recovered from the house of the appellant pursuant to a disclosure statement made by him.