ARJUN PATEL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 6.9.91 passed by Sri B. K. Thakur, Special Judge (E.C. Act) Muzaffarpur in trial no. 21/91 (Maniari P.S. Case No. 31/88). The appellant was convicted for the offence under Section 7 E.C. Act and was sentenced to undergo (sic) for 3 months.

(2.) THE prosecution case was based on the self -statement of Sri Umesh Pd. Srivastava, Inspector of Police Sadar &aposA&apos Anchal, Muzaffarpur. He alleged in the fardbeyan that on 11.4.88 at 1.45 p.m. he raided the Line Hotel called "Raghunathpur Line Hotel" which allegedly belonged to Arjun Patel on confidential information. He found that 2 1/2 drums of diesel were stacked in the sahan of the aforesaid line hotel. The aforesaid diesel drums were seized in presence of the independent witnesses and seizure list was prepared. Arjun Patel was searched at his house, but he was found absconding. There was no paper for storing those diesel drums in the sahan of the hotel.

(3.) THE prosecution had examined 5 witnesses and brought an the record seizure list (Exhibit 2), fardbeyan of the informant, Umesh Pd. Srivastava (Exhibit 3), formal FIR (Exhibit 4), and alleged signatures of PWs 1 and 2 (Exhibits 1 & 1/1).