MUHAMMAD Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant was tried by the Special Court for trial of offences under the Essential Commodities Act, Trichur. He was found guilty of the offences punishable under S.7 (1) (a) (ii) read with S.3(2)(c)(d) of the E. C. Act and Clause.3(1) of the Kerala Food grains Dealers Licensing Order. He is sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 4000/- in default of payment of fine to undergo simple imprisonment for a further period of one month.

(2.) PW 5, the Sub Inspector of Police, Tirur received intimation that the appellant had been unauthorisedly dealing in rice. On 22-11-1987 at about 10. 10 p.m. PW 5 along with two other police personnel inspected the house of the appellant bearing no. 10/534 of Vettam Panchayat. The house was searched and it was found that there were 22 bags of rice. The appellant on interrogation admitted that he had ho licence to keep in possession of that much quantity of rice. PW 5, therefore, seized the rice and arrested the appellant. He later conducted further enquiry and filed the final report.

(3.) THE appellant when questioned under S.313 Cr. P. C. stated that he was not a dealer in rice. According to him, he was the President of 'Moulood Committee' and the rice stocked in his house was the rice belonging to the 'Moulood Committee' and it was intended) to be distributed among the members of the poor people in the locality. Four witnesses were also examined to prove that the appellant is the President of the 'Moulood Committee' and these 22 bags of rice were collected from the public on donation. DW1 is a khasi. He deposed that 'Moulood' is being observed in that area during the Arabi month of Rabbi-U Avval which corresponds to the month of November in the English calendar. He further deposed that during this month 'Moulood Committee' will distribute rice to the poor people. DW 2 was also examined to prove that the appellant is the president of the Moulood Committee and to celebrate the birth day of prophet Muhammed it is usual to distribute rice among the poor people. DW3 is the treasurer of the 'Moulood Committee" and DW 4 is a person who donated two bags of rice to the 'Moulood Committee'.