ANANT RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two revision applications arise out of a common judgement and order dated 29th of May 1985 passed by the 7th Additional Session Judge, Rohtas at Sasaram in Criminal Appeal. No. 91 of 1985 88 of 1985 confirming the conviction and sentence of these petitioners under S.7 of the Essential Commodity Act (hereinafter to be referred to as 'the Act') passed by the Sub-Divisional Magistrate, Bhabhua in G.R. Case No. 567 of 1973, Tr. No. 1079 of 1984 by which these two petitioners have been sentenced to undergo rigorous imprisonment for three years each. As these two applications arise out of a common judgement, they have been heard together and are being disposed of by a common judgement.

(2.) The petitioner Anant Ram Agrawal admittedly was a whole sale dealer in foodgrain on the alleged date of occurrence under license No. 66 of 1971 issued under Bihar Food-Grains Dealers Licensing Order 1967 (hereinafter to be referred to as the Licensing Order 1967). The Government of Bihar issued Bihar Wheat Monopoly Purchase-cum-Levy Procurement Order 1973 (hereinafter to be referred to as 'the Order 1973) and by Cl.4(a) of that Order, the Government itself assumed the trade of whole-sale dealer in wheat and to that extent the provisions of the licensing Order 1967 was modified and no person other than the Government and the Govt. Agents was to act as a whole-sale dealer in respect of wheat. On the 7th and 8th of Aug. 1983 Sri T. Kuzur, A.D. S.O., Bhabhua along with Sri G.P. Sharma (P.W. 1), Deputy Magistrate, Bhabhua and the Officer In-charge, Bhabhua Police Station inspected the business premises of the accused petitioner and he recovered 145 bags of wheat weighing about 190 qurntals and 50 Kg. in presence of Ramlal Singh (P.W. 3) and one Rajeshwar Prasad Dwivedi (not examined) and prepared a seizure-list (Ext. 4) as it was found that he has violated the provisions of Licensing Order 1967. These seized bags were left in the custody of this accused petitioner on obtaining a proper receipt from him and Sri. T. Kuzur submitted prosecution report (Ext.2) against this petitioner to the Sub-divisional Officer, Bhabhua who referred the same to the Police for institution of a case against this petitioner.

(3.) A formal first information report (Ext.3) was drawn on the basis of the prosecution report (Ext.2) at Bhabhua Police Station and the investigation proceeded.