SANTU PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Section 7 of Essential Commodities Act and sentenced to RI for six months by a judgment dated 22.09.1995 by the Special Judge, E.C. Act, Aurangabad in G.R. Case No. 7/83.

(2.) THE prosecution case is that on 06.05.1983 the informant received asecret information that the Appellant No. 2 had kept a stock of cement in the house of Appellant No. 1 and was intending to black -market the same. On this the house of the Appellant No. 1 was raided from where 100 packets of cement were recovered. Admittedly at the time of raid neither the Appellant No. 1 nor the Appellant No. 2 was present at the place of occurrence.

(3.) THE defence of the Appellants was that no license or paper was required for keeping cement since it was non -levy cement and the entire case is completely baseless.