SHYAM BEHARI SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order dated 31.8.1987 passed by Sri Sushil Kumar Pandey the then Special Judge, Ballia in Criminal Case No. 43 of 1985 [State v. Shyam Behari Singh arising out of Crime No. 151/85 P.S. Sukhpura District Ballia whereby the appellant had been found guilty for the offence punishable u/s. 3/7 E.C. Act and had been sentenced to undergo one year's R.I.

(2.) FACTS germane to the appeal are that on 3.5.1985 at about 7.45 a.m. Sri Mohd. Hasnain along with Supply Inspectors R.D. Singh and S.P. Yadav conducted raid on the kerosene fair price shop of accused Shyam Behari Singh situated in village Bramhain P.S. Sukhpura and found that the shop was in the residential house of the accused and there was no stock board, rate list or any sign -board. In the month of April, 1985 out of 800 litres of kerosene taken by the accused 400 litres was not brought at the shop and the accused did not cooperate in the enquiry and made his escape good from the spot and thereby he committed breach of the provisions of U.P. Essential Commodities Display of Price & Stocks and Control of Supply & Distribution Order, 1977, and the terms of licence issued under U.P. Kerosene Control Order, 1962 which is punishable u/s. 3/7 Essential Commodities Act. Statement of Gauri Shanker S/o. Ramjit was recorded and thereafter written report of the incident duly signed by the DSO and the two Supply Inspectors was sent to S. O., Sukhpura, on the basis whereof case at crime No. 151/85 u/s. 3/7 E.C. Act was registered against the accused -appellant. The case was investigated by S. I.A.K. Mishra, who recorded the statements of witnesses, inspected the place of incident and prepared site plan. He had also seen the sale register of M/s. Gorakh Prasad & Sons, Railway Crossing, Ballia from where the accused -appellant had taken delivery of 400 litres of kerosene each on 26.4.1985 and 29.4.1985 for distribution and prepared memo. After completing the investigation charge -sheet was submitted and sanction for prosecution of the accused was accorded by the District Magistrate, Ballia on 2.9.1985.

(3.) THE accused -appellant in his statement u/s. 313 Cr.P.C. has stated that in order to show good work, he had been falsely challaned. In defence he has examined Kedar Tewari as D.W. -1. He has also filed stock register, sale register, copy of challani report dated 24.3.1983, extract khatauni of his village for the year 1390 fasli as Ex. Kha -1 to Kha -4 respectively.