KANHAIYA PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under section 7 of the Essential Commodities Act (in short 'the Act ') and has been sentenced to undergo rigorous imprisonment for 6 months.

(2.) THE prosecution case, in brief, is that on a secret information the Officer Incharge of Gogri police station alongwith some other police officials inspected the premises of the appellant, Kanhaiya Prasad Gupta and he found that the appellant was holding foodgrains in his premises such as, wheat, maize, Masoor Dal, Kalai, Peas and Dhania to the tune of 220 quintals without any licence or permission from the authority concerned. He seized the aforesaid articles from the Godown of the appellant in presence of the witnesses and he prepared a seizure list. It has been stated that he also prepared a Jimanama and one copy of the same was given to the appellant and he also put his signature on the seizure list. On the basis of the aforesaid inspection a prosecution report was lodged against the appellant by the Supply Inspector with the Officer Incharge of Gogri police station for storing the commodities without having any licence. After completion of investigation charge sheet was submitted and cognizance was taken. Finally the trial concluded with the result as indicated above. Hence this appeal.

(3.) THE prosecution in order to prove its case has examined altogether 5 witnesses. P.W. 1 is Janardan Prasad Sah. P.W. 2 is Lal Kumar Choudhary. P.W. 3 is Jai Ram Choudhary. P.W. 4 is Shri Kant Mishra. P.W. 5 is Ashok Kumar Das.