SHIVA SHANKAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7th March 1992, passed by the Special Judge, Darbhanga, in trial no. 88 of 1980 whereby the appellant has been convicted under Section 7 of the Essential Commodities Act and he has been sentenced to undergo rigorous imprisonment for six months.

(2.) Besides the appellant one other accused Amresh Choudhary also faced trial before the trial Court but he (Amresh Choudhary) was acquitted and the appellant has been convicted and sentenced as above. The prosecution case is based on Ext. 1, fardbeyan of the informant wherein he alleged that Amresh Choudhary who was a P.D.S. dealer had lifted ten bags of sugar for selling in black market and that the sugar was loaded on a bullock cart which was being driven by the appellant. He further stated that in the morning he saw Amresh Choudhary talking with some persons regarding the sale of the sugar which was being carried on the cart. The informant stopped it and gave a written report i.e. fardbeyan before the police authority at Singhwara P.S. On the basis of the fardbeyan the first information report (Ext. 3) was registered at the police station. Sugar was seized and the appellant was also apprehended. Seizure list (Ext. 4) was prepared for the seizure of the sugar and on conclusion of investigation charge sheet was submitted and then on trial the appellant was convicted and sentenced.

(3.) As many as five witnesses were examined by the prosecution. P.W. 1 Indu Bhushan Choudhary is a witness in the point of carriage and seizure of the sugar, P.W. 2 Ram Eqbal Choudhary is the informant himself, P.W. 3 Ram Nandan Choudhary and P.W. 4 Suresh Choudhary were also examined on the point of carriage and seizure of the sugar but these witnesses turned hostile and they did not support the case of the prosecution. P.W. 6 Ratneshwar Pd. Singh is the Investigating Officer of this case.