LALAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellants against the judgment dated 28.07.1993 and order dated 29.07.1993 passed by Sri Jiwan Tigga, Special Judge, Nalanda at Biharsharif in G.R. No. 1635 of 1989/22/89 arising out of Rahui (Wena) P.S. Case No. 170 of 1989 whereby the learned Special Judge has been pleased to convict the appellants under Section 7 of the Essential Commodities Act and sentenced each of the appellants to undergo rigorous imprisonment for three months and a fine of Rs. 2500/- and in default simple imprisonment of one month each.

(2.) The prosecution case, as per the written report (Ext:2) of the informant, I. Lakra, who was posted as Sub-Inspector, Harnaut (Wena) Police Station on 9.6.1989, in brief, is that on that very date at about 5.15 P.M. while he was sitting at the Police Station (Wena Camp), he saw three Tamtams passing on the road in front of the Police Station and on the said three Tamtams he found several jerkins loaded with kerosene oil. On suspicion, he stopped all the three Tamtams and then started interrogating from Tamtam drivers whereupon three Tamtam drivers, namely, Ram Pravesh Prasad, Nago Mahto and Shyamjee Paswan disclosed that they were carrying kerosene oil on their Tamtams and the said kerosene oil belonged to appellants, namely, Shivnandan Prasad, Lalan Kumar and Satendra Kumar and they were carrying the same at their instructions to the house of Naresh Prasad. (Naresh Prasad has been acquitted by the Trial Court). There is further allegation that all the Tamtam drivers also showed the receipts of purchase of kerosene oil. It is further said that on verification, it was found that the weight of kerosene oil loaded on three Tamtams was much higher than the weight mentioned in the purchase receipts and so, the informant seized all the containers of kerosene oil as per the seizure list and instituted a case under Section 7 of the Essential Commodities Act against the appellants and others.

(3.) After investigation the said Sub-Inspector Sri I. Lakra, who was also Investigating Officer of this case, submitted charge sheet against the abovementioned appellants and others on the basis of which cognizance was taken and the appellants were charged for contravening the provisions of Sections 3 and 18 (Clauses III to V) of the Bihar Trade Articles (Licences Unification) Order, 1984 punishable under Section 7 of the Essential Commodities Act. Thereafter all the appellants were put on trial and by the impugned judgment and order, they were convicted and sentenced as stated above.