MANIKCHAND RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Section 7(i) (a) (ii) of the Essential Commodities Act for violating the order 10 (iii) of Bihar Cement Control Order 1972 (in short 'the order ') and was sentenced to undergo R.I. for one year and to pay a fine of Rs. 500/ - and in default to further undergo simple imprisonment for two months.

(2.) THE prosecution case as disclosed from the written report of the informant is that he was returning from Dehri to Rohtas on 30th January, 1986 and was accompanied by some of the associates. When they reached near Mahabir Asthan situated at village Wajidpur, P.S. Rohtas at about 8.15 P.M. they saw that the cement being unloaded from a truck near Mahabir Asthan. He, therefore, enquired about the cement as to whether the same was levy cement or non -levy cement but no reply whatsoever was given by the driver of the truck. He also enquired about the papers with respect to the cement but even papers with respect to the truck and cement were not produced. It has been stated that the truck was bearing no. B.R.J. 6479. He thought that the same was unloaded on the truck for the purpose of black -marketing. He found 79 bags of cement loaded on the truck. The truck with the cement was brought to Rohtas Police Station. The truck driver disclosed his name as Manik Chand Ram belonging to district Rohtas and the clearner of the truck disclosed his name as Daroga Chauhan belonging to district Rohtas. The informant submitted a written report for taking legal action against them. Thereafter the F.I.R. was drawn up. 79 bags of cement was seized and production list Ext.2 was prepared.

(3.) THE appellant pleaded not guilty and has stated that he has falsely been implicated in this case due to enmity.