VYAS SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been convicted and sentenced by the Special Judge (E.C. Act) Samastipur by his judgment and order dated 18. -7 -1988 passed in T.R. Case No.30/88 to one year's rigorous imprisonment under Section 7 of the Essential Commodities Act and under Section 3 of the Bihar Essential Articles (Display of Prices and ¢ Stock) Order, 1977.

(2.) THE prosecution in brief, was that the Marketing Officer -cum -Supply Officer Incharge. Shri Madhav Jha 'Pankaj' (PW1) inspected the shop of the appellant being run under the name and style as 'M/s Shriram Store' situate at Tajpur on 72 -1985 at 3 PM. The appellant is said to be a retail dealer having licence for sale. The complainant Shri Madhav Jha checked different stock of food -grains which were available there and during course of such verification 33 quintals 48 kilograms of wheat contained in 36 bags, 1 quintal 2 kilograms of Urad contained in one bag, 31 quintals 1 kilogram of maize contained in 34 bags and 55 quintals 10 kilograms of rice contained in 34 bags and 55 quintals 10 kilograms of rice contained in 58 bags were found in stock. It was alleged that the appellant did not produce the stock register or any other paper to show the storage of the noted grains, for inspection on demand in the course of the inspection nor any paper was recovered from the business premises of the appellant. It was alleged that the appellant did not have the stock register or receipt showing the purchase of the above noted grains. It was also alleged that the board displaying prices and stock only showed the names of food -grains but the prices and stock of those food grains were not written on the display board although it was required to be displayed under condition 3(a) and 7 of the licence of retail dealers. It was further alleged that in view of the said conditions of the licence the retail dealer of grains has to maintain the stock register of the stock of grains available in his shop and on each date correct entries regarding purchase and sale are to be made in the said register and the cash memo is also to be issued to the customers. The grains found in the business premises of the appellant were seized and seizure list was prepared. After obtaining sanction for prosecution from S.D.M. Samastipur a complaint was filed against the appellant accused in the court of Special Judge, where he had been tried.

(3.) THE appellant pleaded not guilty to the charge.