BHOLA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application by Bhola Singh, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, is directed against the judgment of the Additional Sessions Judge affirming the conviction of the petitioner under Section 3 of the Bihar Gift Goods (Sale, Purchase, and Unlawful Possession) Act and the sentence of six months rigorous imprisonment under the said section as held by the trial court.

(2.) In order to appreciate the points involved in this case, it will be necessary to state some relevant facts.

(3.) The prosecution case, in brief, was that in the evening of 6th June, 1968 Chandrama Singh (P.W. 2) of village Birna, Police station Rajpur informed the police at Dhansoi outpost that one Rang Bahadur Singh of his village, who was a teacher in Gajadhara School, was planning to dispose of in black market food stuffs supplied under the Care Programme. On receipt of the information, constable Ram Sohag Singh (P.W. 4) in the absence of the Assistant Sub-Inspector, started towards Kawan Khooh bridge at about 8 P.M. He saw a Tamtam going towards the village Birna. He went near the Tamtam and stopped it. In the meantime Radha Kishun, Maula, Ramprabesh Singh and others also arrived on hulla. There were two persons on the Tamtam. The tamtam driver managed to run away leaving his tamtam. The other persons on the tamtam gave out his name as Bhola Singh (the petitioner) of village Birna. He also gave out the name of the Tamtam driver as Awadh Sah of the same village. P.W. 4 found in all eight paper bags on the Tamtam. Those bags contained food stuffs supplied from U.S.A. On the cover of the bags the following were found written: