BINOD KUMAR SAO @ SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been found guilty under Section 7 (i) (ii) of the Essential Commodities Act and has been sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 1000/- by the Special Judge, E. C. Act (Rural), Patna in Special Case No. 18 of 1989.

(2.) THE prosecution case is that the appellant had lifted 34.2 MT of coal from Amba Colliery, Hazaribagh to sell at Bihta Block on the price fixed by the Collector. It is alleged by the informant that the appellant had not given information to the concerned authorities regarding the stock purchased by him and that he had sold the coal in black-market.

(3.) ON the basis of the aforesaid evidence, specially of the informant, it cannot be held that the appellant had not given information to the concerned authority regarding the lifting of the coal. In fact, it cannot be held that he had lifted the coal in view of the statement of the informant that he does not know whether the coal was lifted or not. There is not an iota of evidence to say that the appellant had sold the coal allegedly lifted by him in black-market. Virtually, this is a case of no evidence.