JAI NARAIN DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants have been convicted under S. 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for six months each.

(2.) The prosecution case as stated in the written report dated 25-4-1989 given by A.S.I. Baidnath Singh of Parihar P.S. is that for checking of smuggling of petroleum products from India to Nepal, informant Baidnath Singh, A.S.I., Constable Shiladhar Mishra and Chowkidar, Badri Paswan were on duty at village Dharharwa near Dharharwa Kuti situated just by the side of Nepal Border. It has been stated that the abovenamed persons sat in a Kuti and they were watching the situation and at about 4.30 a.m. they saw 4 to 5 persons coming towards Nepal after taking diesel kept in tins and jerricons on bicycle and on their heads. The informant and his other companions who were on duty, chased the aforesaid smugglers and blackmarketeers and out of them they caught Jai Narain Dubey alias Jiratia of village Dharharwa (appellant) along with 60 litres diesel kept in 2 jerricans. It has been stated that other smugglers fled away after throwing their bicycle, tins, jerrican etc. and they proceeded in Nepal territory and they raised alarm as dacoit-dacoit. Appellant-Jai Narain Dubey had confessed his guilt and he showed the big jerricans in which 50 litres diesel was kept and in another jerrican 30 litres diesel was kept and he admitted that the aforesaid diesel was kept for smuggling and black marketing in Nepal in the night. It has been stated that aforesaid diesel along with jerricans, tins and bicycles were seized in presence of independent witnesses Digambar Jha and Suraj Rai of village Dharharwa and seizure list was prepared in presence of abovenamed witnesses who also signed over the same. One copy of the seizure list was handed over to accused-Jai Narain Dubey who also put his signature over the same. It has been further stated that on query made by the informant Jai Narain Dubey informed that he purchased 130 litres diesel from Sursand Petrol Pump three days earlier from the date of alleged occurrence and kept the same in the house of appellant-Arjun Sah. He further disclosed that he was carrying 140 litres diesel to Nepal territory for black marketing the same after taking the same from the house of appellant-Arjun Sah. It has been alleged that both the appellants have violated the provisions of S. 3 of the E.C. Act. On the basis of written report Parihar P.S. CaseNo. 40/89 was registered at Parihar Police Station on 25-4-1989. After completion of investigation charge-sheet was submitted against the appellants, cognizance was taken and the trial concluded with the result as indicated above. The appellants pleaded not guilty.

(3.) The prosecution in support of its case examined altogether six witnesses. P.W. 1 is Shiladhar Mishra, P.W. 2 is Baidnath Singh, informant. P.W. 3, Badri Paswan, P.W. 4 Digambar Jha and P.W. 5 Suruj Rai have been declared hostile. P.W. 6 is Bashishtha Nr. Singh, I.O. of the case.