SHEO CHANDRA MALLAH @ SHEO CHARAN MALLAH, S/O PULKIT MALLAH AND PULKIT MALLAH, S/O GARBHU MALLAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Section 7 of the Essential Commodities Act and sentenced to RI for one year by the Additional District & Sessions Judge -cum -Special Judge (E.C. Act), Saharsa in Special Case No. 4 of 1983 by a judgment dated 26.07.1994.

(2.) THE case of the prosecution is that on 07.11.1982 the Block Agriculture Officer raided the fertilizer shop of the Appellant No. 1 and found irregularity in maintaining the books and they also found fertilizer which was sold from BISCOUMAN and it was suspected that it was being stored for black -marketing.

(3.) MOST importantly the seizure witnesses and on the fact of inspection have not supported the case of the prosecution and, therefore, it is difficult to sustain the conviction of the Appellants.