KAMLA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the concurrent findings of both the courts below by which the sole petitioner has been found guilty for the offence punishable under S.7 of the Essential Commodities Act and has been sentenced to undergo simple imprisonment for three months and also to pay a fine of Rs. 200/-, in default to undergo simple imprisonment for one month.

(2.) The prosecution case, briefly stated, is that on 28-11-1973 at about 7 P.M. the business premises of the petitioner, named and styled as M/s. Kamla Prasad Laxmi Prasad, who happened to be a Vanaspati Oil Dealer had been subjected to an enquiry but the shop was found closed and when the authorities wanted to seal the shop, the mother of the petitioner turned up and the shop was opened by her. The stocks available in the shop were seized. Nobody came forward to produce the daily stock register and other connected documents. However, the petitioner appeared before the authorities next day and produced necessary documents.

(3.) Further the allegation against the petitioner was that he had sold Vanaspati on 24-11-1973 to one Raghavendra Narayan Mehta and had charged Rs. 140.46 P instead of the price being Rs. 137.30 P. It appears that the charge for charging higher price has failed. However, the petitioner has been found guilty for the offence for non-production of the stock registers and connected papers and documents and that has been construed to be contravention of the licensing order relating to Vanaspati Oil and thus found guilty and convicted.