CHHABILA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the instance of the sole appellant Chhabila Sah is directed against the judgment and order dated 5th March, 1993 passed by Sri damodar Prasad, the then Special Judge (E. C. Act Cases) East Champaran at Motihari whereby he has found the appellant guilty of the offence under Section 7 (l) (a) (ii) of the essential Commodities Act (hereinafter referred to as the "e. C. Act") for contravention of the provisions of the Bihar Trade articles (Licenses Unification) Order, 1984 (hereinafter referred to as the "unification order") and had sentenced him to undergo rigorous Imprisonment for 6 months.

(2.) THE prosecution case, in brief, is that one, Girindra Narain Thakur, District Supply officer, Motihari gave his written report to the Officer Incharge Town P. S. Motihari on 20-9-1990, inter alia, stating that at about 4. 45 p. m. that day he had raided the shop of stove repairing of the appellant herein situated at Balua Bazar Motihari along with Sub-Inspector Mithila Nand upadhayay and Sidheshwar Prasad, supply Inspector, and in course thereof allegedly seized 14 tins of Kerosene oil each containing 16 litres thereby totalling 225 litres in all, two measurement of aluminium of one litre, two measurement of aluminium of half litre, one measurement of 200 grams, two measurements of 100 grams and one measurement of 50 grams under a seizure list prepared in presence of independent witnesses as the accused could not produce any license authorizing him to deal in kerosene oil. On the basis of the said written report Town P. S. Case No. 278/1990 was registered and after due investigation a charge-sheet was submitted.

(3.) THE defence is denial of allegation altogether and it would further appear from the trend of cross-examination that the alleged shop wherefrom the recovery and seizure is said to have been made belonged to the son of the appellant who is separate from the accused. It would also appear that the accused sells lottery tickets and he has no concern whatsoever with either the seized kerosene oil or the shop in question.