HUSSAIN SHAW Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been preferred from the judgment of the Special Judge under E. C. Act, Thanjavur dated 12-1-1994, made in S.T.C.No. 64 of 1992, convicting the appellant/accused under clause 3 of the Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977 read with Section 7(i)(a)(ii) of the Essential Commodities Act and sentencing him to undergo R. I. for three months and to pay a fine of Rs. 500/- and in default, to undergo R. I. for one month.

(2.) The short facts leading to the conviction could be summarised as follows :- On behalf of the prosecution, P.Ws. 1 to 4 were examined and Exs. P1 to P9 were marked, P.W. 2 turned hostile.

(3.) On 29-6-1991 at about 3.00 p.m., P.W. 1, Special Tahsildar, Flying Squad along with his party made an inspection at the shop premises of the appellant/accused, situate at No. 440, Main Road, Nellikuppam. He served a notice on the accused, as found under Ex. P1. He purchased 540 grams of groundnut oil for Rs. 18.30 under Ex. P2 receipt, in the presence of witnesses PW 2 Krishnamoorthy, P.W. 3, Thyagarajan and Jaffer Hussain. He prepared a Mahazar as found under Ex. O4. A copy of the mahazar was served on the appellant. The statement of the appellant/accused was recorded, which is marked as Ex. P5. He divided the oil into three portions, poured them into 3 dry and clean bottles, and sealed them. He handed over two of the said bottles to the District Supply Officer, while he sent the third one to the Public Analyst, Thanjavur through invoice dated 29-6-1991. After analysis, Ex. P. 9 report was received, stating that the groundnut oil was found to be adulterated. P.W. 4 Inspector, on receipt of the communication along with Ex. P3 report on 9-1-1992 from the District Collector, registered a case in Cr. No. 9/92. First Information Report was Ex. P8. The Inspector questioned the witnesses and recorded their statements. On receipt of Ex. P9 Public Analyst Report, he filed a chargesheet under Clause 3 of the Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977 read with Section 7(i)(a)(i) of the Essential Commodities Act, before the Special Court under the E. C. Act, Thanjavur.