MD SHAKIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 03.05.1992 passed by Special Judge, Essential Commodities Act, Nalanda at Bibarsharif in Silao Police Station Case No. 188 of 1986 convicting and sentencing the appellant to undergo rigorous imprisonment for five years under Section 7 of Essential Commodities Act, (for short &aposE.C. Act").

(2.) BRIEF facts of the case are that on 24.09.1986 at about 7 a.m. when informant Ramjee Singh (PW 7), the then constable of Silao Police Station was going from police station to Silao chroaha for taking tea, he saw three thellas. each loaded with three bags of sugar carried by Jugal Manjhi (PW 3), Umesh Manjhi (PW 4) and Dhobi Manhi (PW 5), all thella pullers. When informant enquired from all thella pullers about sugar bags, they disclosed that sugar bags belonged to appellant which were being taken to a shop in Silao bazar for sale. In the meantime, appellant also reached there and admitted that sugar bags belonged to him and he was carrying the bag to Silao bazar for sale and he further disclosed that be was going to sell the sugar in Silao bazar on black market. The informant then brought the sugar bags and appellant at police station and submitted his written report (Exhibit -3) on the basis of which formal First Information Report under Section 7 of E. C. Act (Exhibit -6) was drawn against the appellant and after investigation, charge -sheet against the appellant was submitted and cognizance of the case was taken and the appellant was put on trial and after conclusion of trial, he was found guilty under Section 7 of E.C. Act and was convicted and sentenced to undergo rigorous imprisonment for five years.

(3.) ON behalf of appellant, Ajay Kumar (DW 1) has been examined who has said that he is a member of Silao notified areas and he represents Karah bazar and in his village, there are three shops under Public Distribution System and one belongs to appellant and sugar, oil etc. are distributed among consumers in his presence and in the month of September, 1986, sugar was distributed from the shop of appellant in his presence and in that month, eight quintala of sugar was allotted to appellant and because in the month of August, 1986, 16.240 kgs. of sugar had remained in balance, therefore, in the month of September, total stock of sugar was eight quintals sixteen kilograms and two hundred forty grams. He has proved his signature (Exhibit -A/2) on the stock register and has said that in the month of September, distribution started from 14.09.1986 and continued till 22.09.1986 and after distribution, 30.50 kgs. of sugar remained in balance and he then recommended allotment for next month by writing on distribution register. He has proved his writing and signature which is marked Exhibit -B.