SAMSUL HAQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant suffered conviction under Section 7 of the Essential Commodities Act for violation of the provisions of Bihar Trade Articles (Licensing Unification) Order, 1984 and was sentenced to suffer simple imprisonment for three months.

(2.) Factual matrix - the Supply Inspector of Hajipur (Vaishali) during investigation, noticed that though the appellant was supplied 200 litres of kerosene oil by M/s. Ram Bilas Ram Ballabh, who was a wholesale dealer, on the date of inspection, that is, 14/07/1986, there was shortage of 73 litres of kerosene oil in the drum of the appellant which ostensibly suggested sale of 73 litres of kerosene oil in blackmarket and on these accusations, Police case had been registered against the appellant, pursuant to which the appellant was put on trial.

(3.) In the eventual trial, prosecution examined altogether 10 witnesses including the Reporting Officer, who happens to be P.W. 2, seizure list witnesses, in whose presence measurement of kerosene oil was made by the employees of Goenka Brothers and also the employees of M/s. Ram Bilas Raj Ballabh. Some formal witnesses too were examined at trial who brought some documents on record. Mahendra Prasad (PW2), who happens to be the Reporting Officer, was reiterating the early version rendered before the Police about shortage of 73 litres of kerosene oil in black market by the appellants. Assertions were made by the witnesses that the appellant was supplied 200 litres of kerosene oil by the wholesaler and even though there was no evidence of sale of kerosene oil by the appellant, which is evident from the sale register, there was shortage of 73 litres of kerosene oil in the stock. The State has examined the seizure list witnesses, as has been stated above, the employee of Goenka Brothers where the measurement of kerosene oil was carried out and Rameshwar Prasad (PW9), who testified the supply of 200 liters of kerosene oil to the appellant by M/s. Ram Bilas Raj Ballabh, the wholesale dealer in kerosene oil.