GANESH PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) - The sole appellant suffered conviction under Section 7 of the Essential Commodities Act, on being tried in G.R. Case No. 285 of 1989 and was sentenced to suffer rigorous imprisonment for six months.

(2.) The facts of the case are that Shri Bashishta Narain Singh. Officer In-charge of Parihar Police Station. in course of patrolling duty with Shri Baidyanath Singh (PW 5) on receipt of secret information that transportation of kerosene oil was being made from a bus destined for Bhiswa Bazar, he along with Baidyanath Singh seized the bus bearing registeration No. BRF 5418, got it stopped in village Suki Musharnia and. on search, noticed four big tins containing 64 litres of kerosene oil kept in four cartons under the seal and also six tins were found open containing 96 litres of kerosene oil in each. It was alleged that on inquiry, the appellants claimed two tins of kerosene oil of his own who was apprehended pursuant to which seizure memo was prepared by him in presence of two independent witnesses a copy of which was made over to the appellant. The alleged seizure of kerosene oil was shown to have been made by the Police Officer, as these commodities were being carried to Nepal Territory for sale in black market. and on these facts of the case, first, information report was drawn up at Parihar Police Station, pursuant to which, investigation commenced. In process of collection of evidence during investigation, said Bashishta Narain Singh recorded statement of witnesses, got seized commodity sold sale proceeds of which was deposited in Government accounts and on conclusion of investigation laid charge sheet before the Court and it is how the appellant was put on trial. When the substance of accusations was explained to the appellants on that occasion too and when his statement was recorded by the trial Court under Section 313 of the Code of Criminal Procedure, the appellant ascribed his false implication in the proceeding.

(3.) In the eventual trial that commenced, the prosecution examined altogether five witnesses which include Shri Bashishtha Narain Singh. Reporting Officer (PW 4). Shri Baidyanath Singh (PW 5), who stated to have accompanied PW 4 during the raid which led to seizure of ten tins of kerosene oil from the bus allegedly that of the appellant. The prosecution also examined Ram Pavitra Thakur (PW 1). Rajendra Thakur (PW 2) and Ram Snehi Thakur (PW 3).