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1994 Supreme(Mad) 498

RENGASAMY
State by Public Prosecutor – Appellant
Versus
Co-operative Societies, Muluvi and Others – Respondent


Advocates:
P. Govindarajan, Government Advocate (Criminal Side), for Appellant. R3, M. Dharma Vinayagam for M. Kumarasami Pillai, for Respondent.

Judgment :

This appeal by the State is against the acquittal of the respondents herein by the Special Judge, under the Essential Commodities Act, Salem in S.T.C.No. 24 of 1985 finding that the respondents are not guilty of the offences under Sec. 6(3) read with Sec. 7(1)(a)(ii) and 3(1)(2) read with Sec. 7(1)(a) of Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982, Essential Commodities Act.

2. The prosecution case is that the first respondent accused is a multipurpose cooperative society in Muluvi Village in Yercaud in which the second respondent accused was the salesman prior to 3. 1983 and the third respondent was a salesman from 3. 1983 to 8. 1983. When the Special Tahsildar of Hying Squad P.W.11 inspected this multi-purpose co-operative society, he found the sale of the commodities to persons who are not card-holders and whose cards were not registered in this society and that the stocks and prices were not exhibited in the society on the date of the inspection.

3. Prosecution examined the card holders P.Ws. 1 to 9 who have deposed that they purchased only certain commodities and sometimes they were not supplied with full quantity on thei








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