GANGA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal by special leave from an order of the High Court of Patna dismissing in limine the appellant's application for revision challenging their conviction under Section 7 of the Essential Commodities Act, and sentence of a fine of Rs. 5,00/- on each or in default simple imprisonment of six months.

(2.) The facts are as follows. On 9th August 1965, the District Supply Officer of Arrah noticed a cart loaded with six bags of rice being taken out of a godown belonging to the firm of Ganga Prasad Sitaram whereof the appellants were partners. Not satisfied with the explanation given by the cartman in answer to his query as to the destination of the rice he entered the godown and checked the stock register and other relevant papers. He obtained a statement in writing Ex. 1 from the appellant Ganga Prasad of the food grains received by him on August 9, 1965. He had the transactions verified by his supply inspector. At his direction Ganga Prasad also made out another list giving full details of all the food grains of different kinds held in stock on that day. This was marked as Ex. 1/1 in the proceedings before the Magistrate. He had the entire stock weighed and verified. He took away the books of account of the appellants including the stock register, Gariwani Bahi (register of carts bringing food grains), cash and credit memo books. The stock of food grains in the godown was seized on August 12, 1965. More than a month thereafter a complaint was lodged by the District Supply Officer in the Court of the Sub-Divisional Officer Arrah, Sadar, charging the appellants and three other persons with contravention of Clause 7 of the Bihar Food Grains Licensing Order 1963 promulgated under Section 3 of the Essential Commodities Act, 1955 and triable summarily under Section 12-A of the Essential Commodities Act. Leaving out of account certain minor irregularities alleged to have been committed by them the gravamen of the charge was that the appellants had on the date of inspection of the godown by the said officer stored 72 bags of rice not entered in their stock register.

(3.) Even before the lodging of the complaint and subsequent thereto the appellants filed in the Court of the Sub-Divisional Magistrate a number of petitions for release of the food grains seized. The order sheet shows that the Magistrate directed the District Supply Officer to submit his report dealing with each paragraph of the petition presented on the 1st September 1965. Little heed appears to have been paid to this requisition. The complaint filed on September 16, 1965 shows that nine items of food grains had been seized by the District Supply Officer including 1021 bags of rice. The District Supply Officer however did not file a copy of the seizure list nor the books of account seized nor the original statement in writing of Ganga Prasad dated the 9th August showing the arrival of food grains at the godown on that day. As the complaint was limited to the item of 72 bags of rice alleged to have been found in the stock in excess of the quantity shown on the register, the appellants filed a petition before the Magistrate for release of all the other food grains. The order sheet under date October 13 records that the District Supply Officer did not want to reply to the query made by the Court. The Magistrate passed an order of release of all the food grains including 949 bags of rice but excluding the above mentioned 72 bags.