LAWS(PAT)-1990-3-6

LAL BAHU TIWARI Vs. STATE OF BIHAR

Decided On March 02, 1990
LAL BAHU TIWARI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This application under Ss.397 and 401 of the Code of Criminal Procedure, 1978 (short 'the Code') is directed against the order dated 7-4-1986 passed by Shri K.B. Verma, Special Judge, Purnea in Special Case No. 59/84 under Sec. 7 of the Essential Commodities Act (in the short 'the Act') by which the learned Special Judge had rejected the prayer of the petitioners to stop the proceeding against them and to release them under the provisions of S.258 of the Code.

(2.) It appears that on 16-8-1984 the Assistant District Supply Officer, Sadar (herein-after called the (Supply Officer), Purnea visited the business premises of the petitioner No. 1 in his absence at about 11 a.m. petitioner No. 2 was present at that time in the shop. On physical verification a shortage of 2 kilograms of rice and 11 litres of Kerosene oil was found. It was further detected that though on 14-8-1984 essential commodities were sold to the consumers no cash memo was issued to any of them. Also on 16-8-1984 on the day of inspection, 27 consumers were already supplied commodities by 11 a.m. but no cash memo was issued in them. It was further detected that through cash memo Nos. 20 to 25 dated 14-8-1984 only sugar was shown to be sold to the consumers but the sale register of the said date disclosed that 55 kilograms of rice was also sold to them but no cash memo was issued for the same. Accordingly the Supply Officer lodged the first information report at Khajanchi Hat Police Station against the petitioners.

(3.) In this application it has been contended that from the perusal of the prosecution report it would appear that only minor irregularities were found at the time of inspection. It is well known that the licensee has to complete the accounts at the close of the business hours. A shortage of 2 kilograms of rice is only natural and is not even % of the total quantity of 15 quintals of rice lifted on 13-8-1984. As regards, the shortage of 11 liters of K. oil is concerned it has been contended that no physical verification was properly done by the Supply Officer to find out the shortage. So far as the non-issuance of the cash memos to some of the consumers on 14-5-1984 and to 27 consumers on the date of inspection, on 16-5-1984, is concerned it has been submitted that the volumes of cash memos had exhausted on 14-8-1984 during the business hours and as such the cash memos could not be supplied to the consumers. So far the allegation that 55 Kgs of rice to six consumers was supplied on 14-8-1984 without any cash memo, it has been contended that this happened on account of the fact that the cash memos had exhausted after they were issued to the consumers on their purchasing the sugar on the same day. Order for printing of fresh cash memos was given to the Printing Press.