DAMODAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated the 20th of May, 1987 passed by the Special Judge (E.C. Act), Purnea, where under he has convicted the appellant under Section 7 of the Essential Commodities Act, 1995 (hereinafter to be called as "the Act") for violation of the provisions of the Bihar Kerosene Oil Dealers' Licensing Order,, 1965 and sentenced him to under go rigorous imprisonment for three months.

(2.) The prosecution case against the appellant in brief is that the appellant was a licensed retail dealer of Kerosene oil. His business premises was inspected by Sri Janardan Paswan, Supply Inspector (P.W.3), as a result of which he found that although the stock register indicated a sale of 100 liters of Kerosene oil on 27.9.1983, but in the sale register there were entries only in respect of the sale of 69 litres of Kerosene oil. The learned Special Judge tried the appellant by way of summary trial as envisaged by Section 12-AA of the Act and convicted and sentenced him as indicated earlier.

(3.) I have heard the learned Counsel for the appellant as well as the learned A.P.P for the State and have also perused the entire evidence on record.