KASHI NATH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 7 Essential Commodities Act and sentenced to RI for two years and a fine of Rs. 1,000/- in default of which simple imprisonment for three months by the Special Judge, (E.C. Act) Katihar in G.R. Case No. 2582 of 1990/T.R. No. 15 of 1997 by a judgment dated 28.04.1997.

(2.) The case of the prosecution according to Havildar, Dayanath Mishra is that on 24.12.1990 while he and one Havildar, Ram Binay Kumar were patrolling they found two persons along with a container of kerosene oil. When they were intercepted Appellant, Ram Sevak Poddar revealed that he had purchased the kerosene for black-marketing.

(3.) During trial the prosecution in all examined five witnesses. All the witnesses have only deposed about the recovery of fifty litres of kerosene oil in container and the confession of Ramsevak Poddar that he had purchased the kerosene oil for black-marketing.