MD AYUB ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant suffered conviction under Section 7 of the Essential Commodities Act for alleged violation of condition No. 9 of the licence issued to the appellant under Bihar Trade Articles (Licences Unification) Order, 1984.

(2.) AT the outset I may briefly refer to some of the salient features of the prosecution case centering round the incident in question. The factual matrix are that the business premises of the appellant, who holds a licence to deal in sugar and kerosene oil under the public distribution system was inspected by officials of the Supply Department on 30th November, 1986 when stock of kerosene oil and sugar was found completely exhausted and when the Inspecting authorities asked the appellant to make available stock register, sale register and cash memos, he failed to produce then on premises that these documents had been made available to the Mukhiya on 28th November, 1986. The business premises of the appellant was again inspected on 6th January, 1987 when appellant filed a written statement, though there was no stock of sugar in the shop and none of those documents which were demanded earlier were made available to them. The other accusation against the appellant was that he was supplying sugar and kerosene oil in excess to the rates prescribed by the Government. After prosecution was launched against the appellant on behest of Supply Inspector, Jokihat, the investigation commenced and on conclusion of investigation police laid charge-sheet against him.

(3.) HAVING taken into consideration the finding recorded by the trial Court based on evidence partly recorded by the predecessor Judge, I find that the conviction of the appellant and sentence imposed on him cannot be sustained in the eye of law which is, accordingly, set aside, and the appellant is acquitted of the charges. He is also discharged from the liability of the bail bonds. The appeal, thus, succeeds. -