DINESH SINGH @ RAMASHRAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is against the judgment dated 12.3.1992 of the Special Judge, Rohtas at Sasaram passed in G.R. Case No. 1036/50 of 1986 of 1990, (Nokha RS. Case No. 68/86) whereby the appellant has been convicted under Section 7 of the E.C. Act and he has been sentenced to undergo R.I. for one year and a fine of Rs. 500/ -, and in default of payment of fine, to undergo S.I. for two months.

(2.) THE prosecution case was that the coal selling shop of the appellant was inspected on 4.5.1986 at 9.00 A.M. by the Supply Inspector, Nokha (P.VV.1) and at the time of inspection the appellant left the shop and fled away from there. On inspection of the shop, 20 quintals and 10 kgs. of coal was found in the shop and neither any register with regard to the stock was found nor the stock had been displayed.

(3.) THE learned counsel for the appellant pointed out from the Lower Court Records that during trial, the evidence of P.W. 1 Jyoti Mohan Verma, P.W. 2 Nilmani Upadhya and P.W. 3 Md. Daud Khan was recorded by Sri G.S. Choubey, the then Special Judge. He further pointed out that the evidence of P.W. 4 Jogendra Prasad Singh and P.W. 5 K.K. Ghosh was recorded by Sri S.S. Prasad, the then Special Judge and the evidence of P.W. 6 Moda Narayan Singh was recorded by Sri Kapileshwar Prasad, the then Special Judge, Rohtas, Sasaram who had also passed the impugned judgment in the case. The learned counsel pointed out that under the provisions of Sec. 12AA(i)(f) of the Essential Commodities Act (hereinafter referred to be in short as 'the Act ') is triable in a summary way as provided under Sections 262 to 265 of the Code of Criminal Procedure (hereinafter referred to be in short as 'the Code ').