INDRA DEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 27. 8. 1993 passed by Shri Philip topno, Additional-Sessions Judge-cum-Special judge (B. C. Act), Begusarai in G. R. Case no. 938/86 arising out of Balia P. S. Case no. 88 of 1986 whereby he has been pleased to convict the appellant Indra Deo Singh for the offence under Section 7 of the Essential commodities Act and sentenced him to undergo rigorous imprisonment for three months.

(2.) THE prosecution case, as per the written report submitted by PW 3 Uday Kant jha, Anchal Adhikari of Balia through his office letter No. 634, dated 1. 5. 1986, in brief, is that on receiving some complaint from the villagers of village Tetri, Sri J. P. Lakra, block Development Officer-cum-Anchal adhikari of Balia visited the P. D. S. shop of the appellant on 24. 5. 1986 at 11 a. m. and found the shop closed. Although there was a display board hanging at the shop but the same did not bear the stock position of the articles available in the P. D. S. shop and also did not indicate the rate of the articles. At that time, the appellant was sitting in a nearby cloth shop. He was called from there and then Sri J. P. Lakra made enquiry from him for closing of the shop but the appellant did not give any reply for keeping the shop closed. He was asked by Sri J. P. Lakra to produce the register of the shop but on the pretext of bringing the register; the appellant went to his house and did not return back. Thereafter a peon was sent to the house of the appellant but he was not found there. It was suspected by Sri J. P. Lakra that the appellant might have sold the articles of P. D. S. shop in black market. Thereafter Sri J. P. Lakra gave information to S. D. O. , Begusarai through his letter no. 758, dated 29. 4. 1986, who directed Sri uday Kant Jha, Anchal Adhikari, Balia (PW 3) to lodge the first information report against the appellant. Thereafter Sri Uday Kant Jha submitted the above mentioned written report to the police on the basis of which Balia p. S. Case No. 88, dated 9. 5. 1986 under section 7 of the Essential Commodities Act was instituted against the appellant.

(3.) THE investigation of the case was handed over to A. S. I. , Suraj Kumar Thakur of the said Police Station who investigated the case and submitted charge-sheet against the appellant, on the basis of which cognizance was taken and the appellant was put up on trial and by the impugned judgment, he was convicted for the offence under section 7 of the B. C. Act.