RAM RATAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under section 7 of the Essential Commodities Act and has been sentenced to undergo simple imprisonment for 6 months and a fine of Rs. 1,000/ - and in default one month simple imprisonment.

(2.) THE facts leading to the case are that the appellant was a licenced dealer under the provisions of the Bihar Trade Articles (Licences Unification) Order, 1984 of the public distribution system shop at Village -Bhalua within Budhauli Gram Panchayat of Nawadah district. It has been alleged that the Supply Inspector (RW. 2) submitted an enquiry report (Ext. 1) to the Anchal Adhikari, Pakariwarawan. In the said report it has been alleged that on 22.6.1985 the appellant was allotted 3 quintals of sugar for distribution among the consumers but the same was sold in black market. According to the Supply Inspector the consumers had made complaint against the dealer and on that basis the said enquiry was done and enquiry report was submitted. It has been further alleged that on 29.6.1985 the said report was forwarded to the Officer Incharge, Pakariwarawan police station for instituting a case. Accordingly a case was registered and a formal F.I.R. was drawn up. The police started investigation and after completion of investigation the police submitted charge sheet against the appellant. Thereafter cognizance was taken and finally the trial concluded with the result as indicated above.

(3.) THE prosecution in order to prove its case has examined altogether 5 witnesses. P.W. 1 is Sidhi Sharan Pandey, P.W. 2 is Jadunandan Singh P.W. 3 is Harendra Sharma. P.W. 4 is Bidya Bhusan. P.W. 5 is Md. Ishlam.