ARJUN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Arjun Ram, who was a fair-price shop delear in village Nagabad, district Giridih, in November 1985 and even prior thereto, the appellant, stands convicted under Section 7 of the Essential Commodities Act, and sentenced to undergo rigorous imprisonment for one year. Feeling aggrieved, be has preferred this appeal.

(2.) The fair-price shop of the appellant was raided by the Supply Officer, Aditya Kumar Mishra P W. 2 and his staff, on 26-11-1985, at about 2-00 p. m, and it was found that although the fixed sale price of sugar was Rs 4.25 p. per kg. and that of kerosene oil Rs. 2.26 per litre, but the appellant had been selling sugar at Rs 4.70 per kg. and kerosene oil at Rs. 2.70 per litre. The Supply Officer had recorded statements of Sukblal Das, Jagan Manjhi, Padha Rai, Akal Raj, Gobardhan Pandit and Somar Pandit, who were stated to have been charged extra by the appellant. Their statements were filed alongwith the complaint, in the Court of the Special Judge Giridih, on 30-11-1985, After trial, the appellant has been convicted and sentenced in the manner stated above.

(3.) Out of three witnesses examined by the prosecution, Ishwari Narain Dco. P. W. 1 and Kishori Pathak P. W. 3 were the witnesses, who had attested the memo Ext. 3. vide which entire stock of sugar and kerasene oil found at the shop of the appellant had been sei?ed after raid. P. W. 1 had in ad ition deposed about his being charged by the appellant at the rate of Rs. 4.70 per kg. for sugar and Rs 2.70 per litre for kerosene oil. Aditya Kumar Mishra P. W. 2 was heading the raiding party.