LOKMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for two years.

(2.) THE prosecution case, as disclosed by the informant, is that on 3.6.63 he was informed by one IIliyas of village Palasi that the appellant was carrying 15 bags of Govt. cement on a buffalo cart and taking it to West Bengal. On such information the informant went to the place of occurrence and saw a buffalo cart lodged with cement and about 30 to 40 persons were preventing the cart for being taken to West Bengal. He with the help of llliyas (P.W. 2), Md. Sayeed, Md. Garua and Md. Aklu brought the cart of the police station. On query he learnt that the cement was issued to appellant who was contractor for construction of drainage work for village Palasi and the said cement was taken to West Bengal for selling it with the help of his labourers namely Atan and Mastan. On the Fardbeyan of the informant (P.W. 3) a case was registered under section 7 of the Essential Commodities Act. After completion of the investigation charge sheet was submitted against the appellant. Accordingly cognizance was taken and the trial concluded with the result as indicated above.

(3.) /1/2013 Page 98 Shyam Deo Paswan Versus State Of Bihar Pran Ballabh Sahay, a formal witness. P.W. 2 is Md. Illiyas, P.W. 3 is Md. Sayeed who has been declared hostile. P.W. 4 is Md. Gorua. P.W. 5 is Md. Aklu. He has also been declared hostile and P. W. 6 is Devendra Prasad Singh, I.O. of this case. 4. P.W. 2, Md. Illiyas has fully supported the case of the prosecution. According to him, he informed about the carrying of the Govt. cement on a buffalo cart to West Bengal by the appellant. He has also stated that the cart was going towards south which leads to West Bengal. The villagers were not allowing the cart to move which was going to West Bengal and the appellant was quarrelling with the villagers. Thereafter the cart was taken to police station. According to him, the appellant had not stated that he was taking the cement to his village from the work site. The investigating officer of this case has also supported the case of the prosecution and has stated that he got the Fardbeyan recorded and he also put his signature on the Fardbeyan. According to him, he seized the cement with the signature of the independent witnesses. The place of occurrence was 100 yards from north of Bandh of Mahananda river and about a K.M. away from the village Palasi. He has stated that the work site of the appellant was 2 K.M. South from the place of occurrence and the Bengal Border was only 100 yards away.