SHAMBHU SHARAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 7 of the E.C. Act and was sentenced to undergo S.I. for three months.

(2.) The prosecution case in short is that on 1-12-1984 at about 8. A.M., the informant along with other officials of the Supply Department visited the shop of the accused and found the same was closed. On confidential enquiry, it could be gathered that on receiving information about the arrival of the Supply Department officials for inspection of the shop of the accused, he locked the shop and escaped. The notice board was incomplete and the same was hung outside of the shop. The appellant had also taken away with him the relevant papers of his business. It has been stated that on notice board only the rate of sale of sugar was mentioned. It was also written by the appellant that he was going to Mahua. The entries of articles were undated. A certified copy of the notice board was prepared in presence of the witnesses. Since, the shop of the appellant was closed and he was not found there, the shop was sealed by the informant. The Sarpanch, was entrusted with the safety of the seal. The information was given to the S.D.O. on 1-12-1984 itself in writing. As per the order of the S.D.O., the seal was broken on 4-12-1984 in presence of Mahendra Prasad Singh, Janardan Prasad Srivastava, Asstt. Sub-Inspector of Police and three independent witnesses. The articles found in the shop were verified and an inventory of the articles was prepared. The seizure list was prepared in presence of independent witnesses for the articles so seized. It was further stated that even on 4-12-1984, the accused did not appear to get the articles of his shop verified. The inspection of the shop was caused as the Sarpanch had made a report that the appellant had obtained 6 quintals of sugar on 29-11-1984 and the same was sold in black market. On verification from the consumers, it transpired that they had received sugar prior to 29-11-1984. It was further stated that only 55 kilograms of sugar were found in the stock. Thus, according to the informant, 5.45 quintals of sugar had already been sold in the black market by the appellant for illegal profit. The appellant is said to have produced registers and papers including the sale register on 6-12-1984. The sale register was verified with reference to the statements of the consumers and several irregularities were detected. The sale register reflected that 5.45 quintals of sugar had been sold during the period between 29-11-1984 to 1-12-1984. On the other hand, the consumers made their statement before the informant and gave different dates prior to 29-11-1984 for purchase of sugar, Thus, according to the informant the appellant has violated the provisions of the Bihar food-grains Retail Dealers Licensing Order, 1967 and also the provisions of Bihar Sugar Dealers & Licensing Order, Bihar Kerosene Oil Dealers Licensing Order. He had also violated the provisions of Licensing order by not producing the relevant papers for inspection on demand by concerned authority.

(3.) On the basis of the written report of the informant a case was instituted under Section 7 of the E.C. Act against the appellant and investigation was started. After completion of investigation, charge-sheet was submitted against the appellant under Section 7 of the E.C. Act and accordingly cognizance was taken and the appellant was put on trial. Trial concluded in the manner indicated above. Appellant-pleaded not guilty.