SHEKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the concurrent finding of the offence punishable under Section 7 of the Essential Commodities Act and the petitioner has been sentenced to undergo rigorous imprisonment for two years and also to pay a sum of Rs. 5,000/- in default to undergo rigorous imprisonment for six months. In addition he has also been found guilty for an offence punishable under Rule 43 of the Defence of India Rule and has been asked to pay Rs. 500/- in default to undergo rigorous imprisonment for 3 months,

(2.) The prosecution case briefly stated is that an inspection was made in the shop of the petitioner in which 425 bags of maize and 13 bags of rice were found. He was selling rice at the higher price than the price fixed. He did not sell maize whatsoever during the course of a month. There are also allegations that he did not maintain the stock register properly. It has been stated that con signments received from Forbesganj have not been entered in the stock register.

(3.) Learned Counsel has stated that the prosecution has failed to establish that any price was fixed with regard to the sale of rice. The evidence of one prosecution witness that there was an order of the District Magistrate fixing the price of the rice will not bestow any legal obligation on the part of the petitioner for the breach of the order and that will not result into any penal consequences.