K. Veerasingam vs State of Tamil Nadu

Padmini Jesudurai, J.—This is an appeal by the accused in S.T.C. No. 20 of 1986 on the file of the Special Judge (under the Essential Commodities Act), Thanjavur, Challenging his conviction under Clause 6(2) of Tamil Nadu Essential Commodities (Regulation of Distribution by Card System) Order, 1982 read with Essential Commodities Act, 1955, hereinafter referred to as the Order, and the sentence of imprisonment for a period of six months.

The gravamen of the charge against the Appellant was that as Assistant in the Amudham Super Market in Kazhanivasal, Peravoorani Taluk. In July-August, 1985, he distributed essential commodities to the card holders without making necessary entries in the various cards and also distributed them in bulks, in violation of the circulars issued to the Distributors in that regard. [Discussion of facts omitted-Ed.]

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Though the appeal had been filed by Mr. S. Thiruvengadasamy, Advocate, the learned Counsel had withdrawn his appearance. The Appellant had not made any arrangement to engage another counsel to prosecute the appeal. Hence, this appeal being one against conviction, Mr. V. Kanakasundaram, Advocate from the legal Aid and Advisory Board, Madras was appointed to represent the Appellant and argue the appeal on behalf of the Appellant. [Discussion of facts omitted-Ed.]

The Appellant would not deny failure to make entries in the respective family cards. He would only urge that it was due to pressure of work.

Clause 6(2) of the Order specifically requires that the Authorised dealer shall, on production of the family card, make necessary entries in the card and supply the scheduled commodities, not exceeding the quantity for which the card holder is entitled to. The entry in the family card therefore, is obligatory under the above clause. The Appellant has failed to do so and hence the learned Special Judge has rightly found him guilty and therefore the conviction imposed on the Appellant is confirmed.

The sentence is imprisonment for a period of six months. The Government of Tamil Nadu has passed two G.Os. u/s 432 Code of Criminal Procedure granting a total remission of imprisonment for a period of one year on convicted persons. G.O.Ms. No. 180 Home Prison-I Department dated 28-1-89 grants a remission of six months and G.O.Ms. No. 781 Home PRC Department dated 11-4-90 grants a remission of six months. Certain categories of offenders are excluded in paragraph 3 of each G.O. and the offence under the Essential Commodities Act does not come within the excluded category. The G.Os. though passed by the State Government would be applicable to sentences for offences under the Essential Commodities Act in view of the fact that the Essential Commodities Act, 1955, itself has been enacted by Parliament, in exercise of concurrent jurisdiction under Entry 33 in List III as amended by the third amendment, 1951 of the Constitution and the legislative function of State is not taken away. The Appellant therefore would be entitled to remission of the full sentence of six months imprisonment. Since the entire sentence is remitted, it is needless for the Appellant to surrender to custody.

With these observation about the sentence, the appeal is dismissed, confirming the conviction and sentence, imposed on the Appellant.