RAM NARAIN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted under Section 7 of the Essential Commodities Act and sentenced to six months RI and a fine of Rs. 1,000/ - in default of which further imprisonment of two months by judgment dated 29.09.1994 passed by Special Judge, Sitamarhi in G.R. Case No. 483 of 1989 (Tr. No. 26 of 1994).

(2.) THE prosecution case is that on 14.06.1989 a bus was intercepted by P.W. 6, the informant and on it 30 litres of diesel were found stored. The appellant No. 2 showed two permits with regard to it issued in the name of the appellant No. 1. It was their case that the diesel was being carried for personal use in pumping set but it was disbelieved since no diesel pumping set was found in the house of the appellant No. 2. The prosecution examined six witnesses on its behalf out of whom P.W. 1 is the Block Development Officer, P.W. 2 is the Panchayat Sevak, P.W. 3 and 5 are the seizure witnesses, P.W. 4 is the ASI, P.W. 6 is the Investigating Officer.

(3.) ON behalf of the defence four witnesses were examined to substantiate the fact that diesel was being carried for pumping set.