GAYATRI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS public complaints were received about maldistribution of sugar and other food articles from the Fair Price Shop standing in the name of appellant Gayatri Devi, it is alleged that Vigilance Committee constituted at the Block level, carried out a raid in the fair price shop of the appellants and it was noticed that a notice was pasted on the Board about sugar supplied to the shop being in store. It was alleged that though no books of accounts were produced by the licensee, yet the premises were searched by the members of the Vigilance Committee and also the Government officials but no stock of sugar was found in the premises. The board, on which notice was pasted, was eventually seized by the Inspecting authority and suspecting pilferage of sugar in black market, prosecution was launched against the appellants on behest of Shri M.A. Haque, Market Officer (P.W. 4), pursuant to which, investigation commenced, on conclusion of which the Police laid charge sheet before the Court and the appellants were put on trial. In the eventual trial that commenced against the appellants, the State examined altogether 12 witnesses and those examined by the State include a number of Government officials, members of the Vigilance Committee, and also the Police Officer who carried out investigation of the case.

(2.) THE defence of the appellants before the trial court and also this Court was their false implication and there being neither any irregularity nor maldistribution in distribution of sugar to the consumers, and the trial court on appraisal of evidences, though found both the appellants guilty under section 7 of the Essential Commodities Act, while released Gayatri Devi on furnishing bail bond of a specified amount with caution to maintain peace and tranquility, sentenced Dinesh Kumar Gupta to suffer simple imprisonment for a period of six months and also to pay a fine of Rs. one thousand, in default of which, he was to suffer simple imprisonment for a term of three months more.