YOGENDRA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE instant appeal is directed against the judgment and order dated 4.4.1990 passed by the learned Special Judge, Essential Commodities Act, Sitamarhi, in G.R. case No. 547 of 1983 whereby and whereunder he convicted the appellant under section 7 of the Essential Commodities Act (hereinafter to be referred to as the Act) and sentenced him to undergo rigorous imprisonment for six months.

(2.) THE informant Kamdeo Prasad, Supply Inspector, Sonbarsa (P.W. 4) got a confidential information that certain contraband articles, to wit, salt and sugar loaded on a truck bearing No. BRF 4725 were being taken to Nepal for smuggling and disposal thereof in blackmarket. After receiving the information the informant (P.W. 4) along with Gaya Prasad Choudhary, A.S.I. of Police and Amiri Singh, constable (not examined) set out to conduct raid and search to apprehend the miscreants indulging themselves in nefarious activities of smuggling of the aforesaid articles. The raiding party headed by the informant swung into action and it reached Sonbarsa bus stand where the truck, referred to above. with 100 bags of salt and 7 bags of sugar loaded thereon was found. P.W. 1 Rajendra Raut, driver of the truck and a cleaner present on the truck on being asked did not produce cash mamos in respect of salt and sugar. However, one memo in respect of 100 bags of salt bearing no signature of the appellant and two cash memos in respect of 4 + 3 bags of sugar in the names of Rajendra Sah and Achchelal Sah, confectioners with signatures thereon of the appellant were found in the truck.

(3.) THE appellant had a shop at Sonbarsa bazar. He carried on business in salt. No stock or sale register and cash memo were allegedly maintained in the shop nor was displayed the board showing stock position and price of salt. The appellant was said to have got no licence for dealing in salt and sugar. The Nepal border situated not very far away from Sonbarsa bazar.