HIRA RAVIDAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) - This appeal is directed against the order of conviction and sentence passed by Shri Dineshwar Prasad Sinha, Special Judge, E.C. Act, Gaya dated 25-5-1989 in G.R Case No. 1655 of 185. The appellant was convicted under Section 7, E.C. Act and sentenced to undergo rigorous imprisonment for one year as also to pay a fine of Rs. 1,000/- and, in default, to undergo rigorous imprisonment for three months.

(2.) The prosecution case, according to the report of Dhananjay Prasad Ambastha, Circle Officer, Chandauti P.S., Gaya, was to the effect that on 7-7-1985, the informant inspected the fair price shop of the accused-appellant and verified the actual stock position with respect to sugar and kerosene oil and compared it with the stock register and cash memos. He found that stock register was maintained only up to 2-7-1985 and it contained an entry of 4 quintals. He further verified Cash memos from which it was detected that up to 3-7-1985, 38 kgs. of sugar were sold. However, on physical verification, only 52 kgs. of sugar were found in stock whereas it should have been 3 quintals 62 kgs. In the same manner, the stock register of kerosene oil was maintained up to 2-7- 1985 and it contained an entry of 200 litres on this date. lbe cash memos indicated no sale of kerosene oil and on stock verification only 35 litres of kerosene oil were found to be in stock. Six persons were interviewed by the informant who disclosed that they received no sugar or kerosene oil from the fair price shop of the appellant. The stock register, cash memos and stock of sugar and kerosene oil were all seized by the informant and made over to a person on zimmanama. After investigation, the accused was prosecuted and after trial he was convicted and sentenced, as stated above.

(3.) The accused-appellant denied the charge and alleged false implication.