In S.T.28 of 1985 the Special Judge for Trail of Offences under the Essential Commodities Act. Trichur convicted both the appellants under S.7(1)(a)(ii) of the Essential Commodities Act (for short 'the Act') for having violated the provisions of S.3(2)(c) and S.3(2)(d) thereof and Clause 4 (1) of the kerala Cement Distribution (Licensing send regulation) Order. 1974 (for short 'Regulation') and they were each sentenced to rigorous imprisonment for six months and to pay a fins of Rs. 1.000/- with a default sentence of simple imprisonment for the month.

2. The prosecution case is that the second appellant purchased 200 bags of non-levy cement from Cochin Mercantile Corporation an 14-11-1984 and the same was stored in the godown of the joint bulginess belonging to both he appellants end sixty begin out of it was sold to C.Wg.1 to. 6.

3. Pws.l to 11 were examined and Exts.P1 to P21 were marked. PWs.10 and U are the iovesngetirg officers red Pws.l to 9 are the witnesses examined to prove the offered. Except Pws. 4. 6. 7.10 and 11 all other prosecution witnesses turned be stile. Pw 5 was declared hostile only in re-examination. Therefore the recurrent en hi all of the appellant