YOGENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under section 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. 2,500/- and in default of payment of fine, he shall have to undergo simple imprisonment for one month.

(2.) The prosecution case, in brief, is that as per the written report (Ext. 4) of Shri S.P. Sinha, Marketing Officer, Biharsharif on 1.5.1989 he inspected the grocery shop of accused Yogendra Prasad and found rice, wheat, flour etc. but in respect of stock and prices there was no any notice board nor he was granting any cash memo to the customers. It is said that accused Yogendra Prasad admitted his guilt before him and gave in writing and hence the informant S.P. Sinha, Marketing Officer gave his written report to, the Officer Incharge, Soh Sarai police station on the same day at about 6 P.M. and on the basis of which a formal F.I.R. was drawn up. The police after completing the investigation submitted charge sheet against the accused. Thereafter the cognizance was taken and the trial concluded with the result as indicated above.

(3.) The appellant pleaded not guilty and has stated that he has been falsely implicated in this case.