ARUN KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment of conviction and sentence order dated 24.05.2000 passed by Special Judge, Essential Commodities Act, Darbhanga in Trial No. 14 of 1999 by which and whereunder learned Special Judge, Darbhanga convicted the appellant under Section 7 of Essential Commodities Act and sentenced him to undergo rigorous imprisonment for six months and also imposed rupees one hundred as fine and furthermore, it was directed that in default of payment of fine, the appellant shall undergo simple imprisonment for seven days.

(2.) THE prosecution case, in brief, is that P.W.3, Sri Navin Chandra Jha, the then Block Development Officer, Darbhanga gave a written report to officer in charge of Lalit Narayan Mithila University, Darbhanga to this effect that on 18.11.1987, he inspected the business premises of the appellant and found that appellant had no license to run his business premises nor he had possessed any cash memo and stock register. Furthermore, P.W.3 found that there was no any notice board at the shop to disclose the correct stock position. In course of inspection, he seized six bags of seed of wheat, thirteen bags of urea, six bags of potash, three bags of amonium sulphate, three bags of phosphate, two bags of D.A.P. 200, quintals of Andi Khalli, six packets of seed of maize (pioneer) and three packets of seed of maize (Lakshmi).

(3.) IN course of trial, prosecution examined, altogether, four witnesses. The statement of appellant was recorded under Section 313 of the Cr.P.C. in which he stated that earlier he had possessed license for running fertilizer shop and he used to run fertilizer shop with his partner. He further stated in his statement recorded under Section 313 of the Cr.P.C. that at the time of inspection his partner was running the shop in question. No evidence was adduced by the appellant in support of his defence.