DEO NARAYAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 7 of the Essential Commodities Act and has been sentenced to undergo R.I. for six months.

(2.) The prosecution case in short is that on the written report dated 1.7.1986 submitted by the informant Chandra Mohan Deo Shrivastava, the then Supply Inspector, Sonbarsa is that after getting confidential information that some K. oil loaded on several tyre-carts were going to Nepal for sale in black-market. He along with other members of the raiding party reached at village Bhutahi and found that six tyre-carts loaded with 29 drums K. oil and diesel were proceeding towards Nepal and the said tyre-carts along with 29 drums of K. oil and diesel were brought to market complex of Surendra Prasad and the same were given in custody of him and also Sitaram Mishra. It is stated that on 28.6.1986 as per direction given by the CO., Sonbarsa the informant came to Sitamarhi and verified the supply of K. oil and diesel from Firms M/s Bajrang Lal and brothers, Station Road, Sitamarhi and Ganga Ram-Rameshwar Lal, Kote Bazar, Sitamarhi. It has been stated that it was Saturday which was weekly closing day of the market hence he contacted the properties of the above firms and verified the matter and after verification it transpired that 22 drums of K. oil and 2 drums of diesel were supplied by the aforesaid 2 firms to the dealers of Bathnaha and Sonbarsa Circles. Other 5 drums of K. oil loaded on a tyre-cart of co-accused Mahendra Paswan was not supplied by the aforesaid firms hence the aforesaid 5 drums of K. oil containing 222 litres K. oil in each drum along with the tyrecart of co-accused Mahendra Paswan was seized. It has been stated that the cartman Mahendra Paswan did not show any paper relating to the aforesaid 5 drums of K. oil and he gave confessional statement that the aforesaid 5 drums of K. oil have been purchased by the appellant Deo Narain Sah from the shop of Bhola Babu reported at Kote Bazar, Sitamarhi and the same was being carried on his tyre-cart to village Khopraha on hire and the said 5 drums were seized at Bhutahi. It has been further stated that the appellant Deo Narain Sah had purchased the aforesaid 5 drums of K. oil and he was carrying the same on his tyre-cart for black marketing the same in Nepal territory. On the basis of written report, Sonbarsa P.S. Case No. 52 of 1986 was registered and FIR was drawn up and after completion of investigation, the charge-sheet was submitted against the accused persons. Cognizance was taken and subsequently, the trial concluded with the result as Indicated above and the appellant pleaded not guilty and stated that he has falsely been implicated in the case.

(3.) The prosecution in support of his case examined altogether four witnesses. PW 1, is Sitaram Mishra, PW 2 is Surendra Prasad, PW 3 is Chandra Mohan Deo Shrivastava (informant) and PW 4 is Ram Pavitra Singh. He is I.O. of the case. PW 1 has stated that on 27.6.1986, the CO., Sonbarsa seized many drums of K. oil along with tyre-carts near the mill of Surendra Prasad. According to him, on 2.7.1986, the informant Ram Pavitra Singh also seized 5 drums of K. oil and one tyrecart in his presence at village Bhutahi and seizure list was prepared and one witness Bhikhari Nayak who also put his signatures over the seizure list. According to him, the said 5 drums of K. oil was given in the custody of Surendra Prasad by the order of the Collector, Sitamarhi.