KRISHNA KUMAR BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 7 of the Essential Commodities Act for having violated the clause 3 of the Bihar Trade Articles (Licenses Unification) Order, 1984 and sentenced to one year rigorous imprisonment and a fine of Rs. 5,000/- in default of which simple imprisonment for three months by the Special Judge (E.C. Act), Saharsa, in Special Case No. 3 of 1987 by a Judgment dated 17.1.1997.

(2.) The case of the prosecution is that on 26.4.1987, the Informant who was the Circle Officer has deposed as PW-2 submitted a written report stating therein that on the same day in the presence of the independent witnesses, three drums containing 660 Liters of Kerosene Oil was seized from the godown of the Appellant which was not explained by him.

(3.) During trial, the prosecution examined four witnesses out of whom PW-2 is the Informant whereas the rest of the witnesses are on the point of recovery of the oil.