MUNESHWAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nobody appears on behalf of the appellant to press this appeal. Accordingly, Mr. Ranbir Singh, Advocate is appointed as Amicus Curiae to assist this Court in this appeal on behalf of the appellant.

(2.) The appellant has been found guilty under Section 7 of the Essential Commodities Act and as such, has been sentenced to undergo rigorous imprisonment for one year by the 2nd Additional Sessions Judge cum- Special Judge, Saharsa in Special Case No. 10 of 1985.

(3.) The occurrence is said to have taken place between 29th April, 1985 and 19th May, 1985 at village Lalpatti of Tulapatti Kataiya Panchayat. It is alleged that the appellant had lifted 220 litres of Kerosene Oil on 29th April, 1985 and again lifted 220 litres of Kerosene Oil on 08th May, 1985. On inspection, it was found that the stock register was not available and there was no stock of Kerosene Oil in the shop. The explanation given on behalf of the accused was that his son had gone to Supaul to lift Kerosene Oil and that the stock register was with him.