KHOKHAN CHANDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) JUDGMENT :- The appellants have preferred this appeal against the judgment and order dated 8th May, 1995, passed in G.R. Case No. 3621/86 by the Special Judge E.C. Act, Dhanbad, whereby both the accused persons have been convicted under S. 7 of the Essential Commodities Act, and sentenced to undergo R.I. for three months each.

(2.) In short, the case of the prosecution is that on 20-11-1986 the informant Randhir Kumar Verma, a Supply Officer along with Senior Supply Officer, Sitaram Tiwary, made a surprise check of the business premises of Khokhan Chandra Singh, who is a licence holder of coal. The surprise check was conducted under the supervision of Sub-divisional Officer, Dhanbad. During the surprise check Khokhon Chandra Singh was not present in the coal depot premises and Sri Hari Charan Prasad was present there and had produced the licence, Chalan of coal delivery etc. According to Haricharan Prasad, he was partner with Khokhan Chandra Singh in the business of coal.

(3.) On the next day accused Khokhon Chandra Singh was available before the informant. According to Khokhan Chandra Singh, Hari Charan Prasad had no right in the business premises and house. Khokhan Chandra Singh had told the informant that he had no experience of coal business and he had authorised one Tapan Kr. Modak for taking delivery of coal from the colliery. It has been alleged that coal business is carried by Hari Charan Prasad on the licence which is in the name of Khokhan Chandra Singh. At the time of checking one truck of coking coal was found at the place of business. It has also been alleged that the boundary of the business premises was different to that mentioned in the licence. The stock register of coal, cash memo etc. were not produced before the informant. There was no board at the business premises regarding Government coal depot and daily stock and price were not shown in the business premises on any board. It has been alleged that Khokhan Chandra Singh had obtained the licence for coal by giving false boundary etc. of the land. According to the prosecution, the accused persons have violated the provision of Bihar Trade Articles (Licenses Unification) Order, 1984 and Bihar Essential Articles (Display of Prices and Stock) Order, 1977.