SAHDEB PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and the order of sentence dated 04th July, 1994 passed by the Special Judge, Nalanda at Biharsharif in Noorsarai Police Station Case No. 209 of 1989, by which the appellant has been convicted under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for three months and also to pay a fine of Rs. 2,000/-, in default of which, he has to undergo rigorous imprisonment for one month.

(2.) The prosecution case, in brief, is that Sharwan Kumar, Officer-in-charge of the Noorsarai Police Station raided the house of Sahdeo Prasad, the appellant, on the basis of a confidential information. On raid, he found that the appellant had concealed 16 bags of sugar. Sugar was seized and seizure list was prepared and handed over to the daughter of the appellant.

(3.) PW 5 Ashok Kumar is the formal witness and is the Pleader Clerk in the Biharsharif Civil Court. He has proved the formal First Information Report which has been marked as Exhibit-3.