RADHA KANT MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 19.7.1989 passed by the Special Judge, Gopalganj, in Kuchaikala PS. Case No. 127/84 (Trial No. 12/88) under Section 7 of the Essential Commodities Act (E.C Act) convicting and sentencing the appellant to undergo R.I. for three months.

(2.) The case of the prosecution, in short, is that on 1.9.1984 the informant Harish Chandra Prasad (P.W. 1) inspected the fair price shop of appellant who at the relevant time was dealer of sugar. At the time of inspection, neither the appellant nor any body else was present in the shop. The informant did not find any stock of sugar or any stock register in the shop. Thereafter, there was strike of non-gazetted employees. On 29.9.84, the brother of appellant went to the office of informant for taking allotment of sugar for the month of September 1984. He had brought stock register also and he produced the same before the informant. The informant seized the stock register. No allotment of sugar for the month of September 1984 was given. The informant inspected the shop of appellant twice after 12.10.84 and he received complaint from consumers that they were not provided with their quota of sugar for the month of August 1984. The informant inspected the ration cards of those persons and found that there was no entry in those ration-cards for supply of sugar. The informant further came to know that appellant had already lifted 7 quintals of sugar for the month of August 1984 from the godown of Food Corporation of India for distributing the same amongst the card- holders but in fact, he had not distributed sugar to the consumers. The informant lodged a case with the Police and the Police after investigation submitted charge-sheet under Section 7 of the E.C. Act against the appellant.

(3.) The case of the appellant before the Court below was that he was not given allotment Of any sugar for the month of August, 1984 and he had not lifted the sugar from the godown of Food Corporation of India. After trial, the Court below found the appellant guilty under Section 7 of the E.C. Act and accordingly, convicted and sentenced him to undergo R.I. for three months.