AKHTAR HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction passed by Sri Shyam Prasad Singh, Special Judge, E.C.Act, Hazaribagh, in Mandu P.S. Case No. 55 (2) 84 through which both the appellants were found guilty under Section 7 of the E.C. Act for violation of Bihar Kerosine Dealers Licensing Order, 1965 and they were sentenced to undergo rigorous imprisonment for two years each and further they were sentenced to pay a fine of Rs. 1000/ each.

(2.) THE prosecution case, in short is that on 15.2.1984 the informant Dineswar Mishra, Supply Inspector of Hazaribagh alongwith Executive Magistrate,Sri A.K. Chatterjee and A.D.S.O. S.N, Mishra were going to Charhi and at about 11 a.m; or so they had seen trekker bearing No. B.H.M. 1597 going towards Charhi and the trekker was apprehended at Charhi Chat, that is on the road, in which 20 tins of Kerosine oil were loaded and the drive of the trekker confessed that other appellant Naresh Thakur and one unknown person loaded the kerosine oil tins on the trekker at Hazaribagh but the name of the shop keeper from whom the kerosine oil were purchased could not be disclosed. It is also the prosecution case that the informant asked the driver to take the trekker to Charhi Police Outpost but the moment the trekker reached the Outpost, the driver and the co accused escaped away from there. However, the informant in presence of the witnesses seized all the 20 tins of kerosine oil, prepared the seizure list and handed over the same to the police at Charhi outpost and also instituted a case by submitting a written report. On that basis, Mandu P.S. Case No. 55/84 was instituted as against both the appellants and after completing the investigation, chargesheet was submitted as against both the appellants.

(3.) TO prove the case on behalf of the prosecution as many as five witnesses were examined. Out of them, P.W. 1 is Satya Narain Mishra, A.D.S.O. from Hazaribagh who was accompanying in the van alongwith the informant. P.W. 2 is the informant Supply Inspector himself; whereas P.W. 3 Chaman Singh and P.W. 4 Bhikhu Mahto are witnesses of seizure and another witness of seizure P.W. 4 Shahdeo Singh are tendered.