- (1.) This appeal has been preferred by the accused appellant against the judgment and order dated 17-10-86 passed by learned Special Judge, Essential Commodities Act cases, Jodhpur in Cr. Case No. 6/85 whereby the learned Special Judge convicted the accused appellant for violation of clause 6-20 of the Rajasthan Foodgrains and Other Essential Articles (Regulation of Distribution) Order, 1976 (hereinafter referred to as the Order of 1976) punishable under Section 3/7 of the Essential Commodities Act and Section 9 of the Essential Commodities Act and sentenced him as under : Offence Sentence awarded 3/7 EC Act 1 year"s R.I. and a fine of Rs. 1000.00 in default to further undergo 6 months" R.I. 9 EC Act 1 year"s R.I. and a fine of Rs. 1 000.00 in default to further undergo 6 months" R.I.
(2.) This appeal arises in the following circumstances : i) P. W. 3 Satya Narayan, Enforcement Inspector, Nokha lodged a written report Ex. P/9 on 15-11-85 before Police Station, Nokha against the present accused appellant stating that there is a Co-operative Society situated at Gajsukhdesar, Tehsil Nokha of which P. W. 2 Maniram was Manager and he was transferred to the Society at Lunkarasar and on 30-4-84 charge of P. W. 2 Maniram was given to accused appellant temporarily who was already salesman in the Society. As per charge report Ex. P/2, the accused appellant received 3 quintal 73 kgs. palm oil for distribution to the consumers and that was distributed up to 8-6-84 by the accused appellant and this palm oil was to be distributed on the basis of 400 gms. per capita and after distribution 1. quintal 50 kgs. and 400 gms. should have been found in the stock, but when on 8-10-84, stock register was checked by P. W. 3 Satya Narayan 1 quintal 50 kg. and 300 gms. palm oil was not found in the stock. The inspection report is Ex. P/8. Thus, by doing so, the accused appellant did not distribute that palm oil to the consumers and thereby committed breach of trust and misused that palm oil and by doing so, the accused appellants violated clauses 3(4), 5, 17 (GA), 5 and 8 of the Order of 1976. It was further stated in the report Ex. P/9 that he also made irregularities in distributing levy sugar and thus also contravened the same clauses of Order of 1976.
(3.) On that report, police chalked out regular FIR Ex. P/9 and started investigation.;