SURESH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant aggrieved by the Judgment dated 21.09.1992 and order dated 24.09.1992 passed by Sri Jiwan Tigga, 1st Additional District and Sessions Judge -cum -Special Judge, Nalanda in G.R. Case No. 1377 of 1986 arising out of Chandi P.S. Case No. 272 of 1986 has preferred this appeal. By the impugned Judgment the appellant on being found guilty of an offence under Section 7 of the Essential Commodities Act (hereinafter referred to as 'the E.C. Act ') for violation of the provisions of Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as 'the Unification Order ') has been sentenced to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 20,000.00 in default whereof he was to suffer further rigorous imprisonment for three months.

(2.) THE prosecution is based on the written report submitted on 29.10.1986 by one Rama Kant Prasad, Marketing Officer, Chandi, who alleged, inter alia, that in keeping with the directions of the District Magistrate, Nalanda, he intercepted a trekker bearing Registration No. BHY 2473 in which 20 containers of Kerosene oil, i.e., about 1000 litres, where loaded. Since no permit or cashmemo could be produced by the appellant and one Arvind Prasad, Driver of the vehicle, it was presumed that the same was being transported for calandesting purpose and accordingly Chandi P.S. Case No. 272 of 1986 was registered under Section 7 of E.C. Act for violation of the provisions of the Unification Order.

(3.) I have perused the materials available on record and I am firmly of the opinion that this appeal must be allowed the reasons where -forare noted hereinbelow.