P.W.5, Dattaram Hira Patil, P.W.8, Ramesh Patil, P.W.22, Ashok Dodamani, P.W.29-Gangaram Naik, P.W.35 Jagatnarayan, P.W. 45- Babibai Naik, etc, who had told about the purchases made by them and the payment made for such purchases. They have proved the ration cards issued to them, which had been seized, as also the cash memos, which were issued to them. These cash memos were tallied by the Rationing Inspector P.W.6 Narayan Chavan, with the counterfoils. cash memos, maintained by the shop keeper and it was found that the cash memos issued to the card holders did not tally with the counter foils of cash memos. As far as kerosene is concerned price recovered is shown as Rs.21.80, as against Rs. 19.90 permissible which was reflected in the counter foils. Thus, there is absolutely no doubt that the shop keeper had shown some quantities of commodities meant for public distribution in the ration shop to have been sold without actually selling them and also consistently charged them more for kerosene. The total amount so misappropriated was calculated at Rs. 11,111.77, which has been recovered from accused No.2 Dungarsingh Gala. Therefore, as far as breach of orders issued under the Essential Commissions Act is concerned, it has to be held to have been proved as rightly concluded by the learned trial Court.
