Judgment HARBANS LAL, J. 1. This judgment shall dispose of Criminal Appeal No.939 SBA of 1997 as also Criminal Appeal No.940 SBA of 1997 filed by State of Haryana as common question of law and fact is involved therein. The facts gathered from Criminal appeal No.939 SBA of 1997 are that on 4.2.1994 letter Ex. PA was received in police Station Nathusari Chopta from Assistant Food and Supplies Officer, Sirsa wherein it was mentioned that on 2.2.1994 Ashok Kumar Bansal and Dharamvir bhardwaj, Inspectors Food and Supplies inspected the branch of CONFED. On physical verification of CONFED branch Darba Kalan, 4 quintals 65 Kgs and 100 grams of levy sugar was found to be short for which accused who was working as salesman is responsible. The sale and stock registers were taken from the accused and the stock lying in the shop was verified. Thereafter, the fair price shop at Kagdana of which accused was salesman was checked by Inspector ashok Kumar Bansal in the presence of Dharamvir Bhardwaj Inspector and the accused. The sale and stock registers of the depot were taken into possession and the stock lying in the shop was physically checked and on verification sugar weighing 1 1/2 quintals was found to be short. Ashok Kumar Bansal prepared the checking report and sent the same to the District Food and Supplies Controller, Sirsa for further action, who in turn sent the same to the Police Station, wherein on its basis, the case was registered against the accused, who was arrested. After completion of the investigation, the charge sheet was laid in the court for trial of the accused. 2. The accused was charged under Sec.7 of the Essential commodities Act, (for brevity the Act) to which he did not plead guilty and claimed trial. 3. To bring home guilt against the accused the prosecution examined pw-1 Krishan Chander Assistant Food and Supplies Officer, PW- 2 Parveen Kumar clerk office of District Food and Supplies Controller, PW- 3 Bhagwan Dass storekeeper, PW-4 Sarwan Singh, PW-5 Ashok Kumar Bansal, Inspector Food and supplies Sirsa, PW-6 Dharamvir Bhardwaj Inspector Food and Supplies, PW-7 punjab Singh ASI and closed its evidence. 4. When examined under Sec.313 Cr. P. C. , the accused denied the incriminating circumstances appearing in the prosecution evidence against him. 4. When examined under Sec.313 Cr. P. C. , the accused denied the incriminating circumstances appearing in the prosecution evidence against him. He put forth that Khyali Ram father of one Banwari had died and Banwari Lal needed sugar for his last rites (rasam bhog ). The villagers had handed over 194 cards to him and instructed him to give sugar of their ration cards to Banwari. He showed these ration cards to the Inspectors, but they failed to consider the same. There was no shortage in his stock. In his defence, he examined Banwari lal. 5. After hearing the learned defence counsel, the learned Public prosecutor for the State and examining the evidence on record, the learned trial Court acquitted the accused of the charged offence. Feeling aggrieved therewith, the prosecution has preferred these appeals. This matter was displayed on the net number of times, nevertheless, none has come forward to argue on behalf of the respondent-accused. However, I have heard the learned counsel for the appellant, besides perusing the record with due care and circumspection. The learned State counsel mr. K. C. Gupta, Senior Deputy Advocate General, Haryana on behalf of the State-appellant strenuously urged that official working under a license and dealing in goods supplied to him for distribution on fair price shop to the ration card holders is also a licensee for the reason that the District Manager himself cannot run 100 fair price shops in the district. The accused was working under the licensing authority of the District on the relevant day. The shortage of stock in the shop/branch is a cognizable offence under Sec.7 of the Act because of violation of Haryana Food Articles Licence and Price Control Order, 1985. That being so, the findings returned by the learned trial Court to the effect that the accused being a salesman of the CONFED Branch is not a licensee, are unsustainable. He further punctuated that the prosecution has adequately established that the accused was a salesman of the fair price shop run by the CONFED Department of Haryana and was entrusted with sugar weighing 26 quintals in branch of village Kagdana for distribution against ration cards. On the day of checking, 1 1/2 quintals of sugar was found short in his branch. He was obligated to explain the circumstances under which this shortage came to occur. 6. On the day of checking, 1 1/2 quintals of sugar was found short in his branch. He was obligated to explain the circumstances under which this shortage came to occur. 6. I have given a deep and thoughtful consideration to these submissions. The view I am disposed to take is that the contentions raised on behalf of the appellant are untenable for the discussion to follow hereinafter. 7. The letter No. Confed/srs/95/6 dated 5.4.1995 Ex. DA from district Manager, CONFED District Office, Sirsa to the Managing Director, confed, Chandigarh reads in the terms that " Nothing is recoverable against chhabil Dass S/o Sh. Khubi Ram, Salesman, U/s, Confed, District Sirsa (referring to the accused-respondent) according to the account books of this office. " As mentioned in Ex. DB letter dated 24.2.1994 purportedly written by district Manager to the Managing Director, Haryana CONFED, Chandigarh "it is revealed by the statements of the villagers of the salesman (referring to the accused-respondent) that on the occasion of the marriage of some one in the village, the salesman get collected the ration cards of the villagers and on their basis, issued the sugar and there being good deal of ration cards, he could not make necessary entries in respect of cards. " To my mind, both these letters nullify the prosecution story. Consequently, the findings returned by the learned trial Court call for no interference. For the reasons indicated above, these appeals are dismissed.