SHAM SUNDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) We grant special leave and proceed to dispose of this appeal.

(2.) On June 28,1980 the appellants formed a partnership firm for the purpose of running a rice mill in the name and style of M/s Patina Lal Prem Nath Rice Mills at Shahpur. They have been convicted by the Presiding Officer of the Special Court, Karnal by judgment dated March 110, 1986 for contravention of the provisions of the Haryana Rice Procurement (Levy) Order, 1979, read with section 7 of the Essential Commodities Act. They were sentenced to six months' rigorous imprisonment and a fine of Rs. 2,000/- each. The High Court of Punjab and Haryana has confirmed that conviction and sentence. They now appeal against conviction.

(3.) The facts which gave rise to the. charges, in so far as material, were these:In 1984, the firm purchased 5373 quintals 69 kgs. and 400 gms of common paddy from the market. At the rate of conversion of paddy into rice an average 3582.49 quintals of rice should have been obtained from that much quantity of paddy. As per levy rules the firm ought to have supplied 3224.21 quintals of rice to the Government but the firm failed to supply it. Instead it supplied only 1510 quintals of rice. There was thus a short supply of 1714.17 quintals of levy rice to the Government. On another occasion the firm purchased 2353.79 quintals of superfine paddy out of which 1566.62 quintals of rice could be obtained. From that, the firm gave the Government 933.89 quintals of rice as against 1174.96 quintals. Here again there was a short supply of 241.07 quintals of superfine levy rice.