PRAFULLA PRADHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the order of conviction dated 3-9-1992 passed by Sri Syed Mohammed Mahfooz Alam Special Judge. E.C. Act. Chaibassa, in G.R. Case No. 1/91 thereby and there-under the petitioner was found guilty under Section 7 of the Essential Commodities Act (in short to be stated as the said Act) and he was sentenced to undergo rigorous imprisonment for one month only.

(2.) The fact, in short, for the purpose of this revision is that the petitioner, Prafulla Pradhan got a fair price shop at village Ramchandrapur within Jagannathpur police station and got in licence No. 11/85. It has been alleged that on 27-12-1990 PW 1 Md. Wasim Ansari District Supply Officer inspected the fair price shop and it was found that the petitioner had not maintained Sale Register of wheat and sugar properly and it was suspected that he might have sold some quantities of wheat and kerosene oil at higher rate. The District Supply Officer submitted a written report on 30- 12-1990 to the Officer-in-charge, Jagannathpur P.S. On the basis of this report, this case was instituted as against the petitioner and after completing the investigation charge-sheet was submitted as against the petitioner.

(3.) The petitioner has claimed himself innocent in the Court below and his defence was that he was maintaining all the relevant Registers required under the Rule properly and a false report was submitted against him. However, the trial Court found the appellant guilty under Section 7 of the Act for not maintaining Sale Register for wheat and sugar and sentenced him to undergo rigorous imprisonment for a month. Being aggrieved and dissatisfied with this order, this revision has been preferred by the petitioner.