DEVCHANDRA CHAUDHARY, SHYAMANAND CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two appellants have been charged under Section 7 of the Essential Commodities Act and have been convicted for violation of Section 3 of the Fertilizer Control Order, 1985 and sentenced to R.I. for six months alongwith a fine of Rs.10,000/- in default of which the appellants will undergo simple imprisonment for one month.

(2.) The prosecution case as per the F.I.R. is that A.S.I. Baidyanath Prasad Singh went to the shop of Devchandra Choudhary alongwith other two police constables and found that brother of appellant no.1 Shyamanand Choudhary was sitting at his shop. It has been alleged that there were 39 bags of urea out of which 20 bags were inside the shop and 19 bags were lying outside the shop near the road. On the basis of the aforesaid facts, charge-sheet was submitted and cognizance was taken in this case.

(3.) Three witnesses have been examined on behalf of the prosecution in this case. P.W.1 Gopal Choudhary, P.W.2 Ram Sundar Thakur, and P.W.3 Krishna Choudhary. P.W. 3 is a formal witness and has proved the F.I.R.