RAVINDRA KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have preferred this appeal challenging their conviction and order of sentence passed by Special Judge, Sagar in Special Case No.5/99, decided on 5.08.99.

(2.) Appellants have been convicted under Section 3/7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'Act') for violating Clause 9(1) and 9(2) of Madhya Pradesh Food Stuffs (Civil Supply and Distribution) Scheme, 1991 (hereinafter referred to as 'Scheme') and sentenced to rigorous imprisonment for six months with fine of Rs.500/- each, in default simple imprisonment for three months, by the impugned judgment.

(3.) As per prosecution case, at the relevant time appellants were working as salesmen at Fair Price Shop of Co-operative Society, Nanhi Deori. On 30.12.98 Assistant Food Officer B.S. Sharma alongwith other officers of Food and Co-operative Department inspected the aforesaid fair price shop at Nanhi Deori and it was found that appellants were selling sugar and kerosene oil at higher rate than fixed by the Collector. Appellants also failed to produce the distribution register, required to be maintained in fair price shop, for inspection before the officers of Food and Civil Supplies. Appellants thus violated Clause 9(1), 9(2) and 12 of the Scheme as well as Clause 4(g) of kerosene (Restriction on Use and Fixation of Price) order 1993. A written report was, therefore, prepared by Food Inspector R.P. Gupta and submitted at Police Station Kesli, on the basis of which an offence was registered against the appellants and was investigated. After due investigation, appellants were prosecuted under Section 3/7 of the Essential Commodities Act, 1955 and were put to trial.