AJOY KUMAR PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant was put on trial for committing the offence under Section 7 of the Essential Commodities act by the learned Special Judge (Essential commodities Act), Muzaffarpur in Tr. No. 50 of 1992 arising out of Sahara P. S. Case no. 193 of 1987 and was found guilty by the judgment and order of conviction passed on 25-9-1993 and was directed to suffer simple imprisonment for a term of three months. The appellant has questioned the legality of the finding and propriety of the sentence through the present appeal.

(2.) THE facts of the case lie in a very narrow compass. There is no denial that the appellant was licensed retailer under the public Distribution System. The allegation is that the informant, i. e. , Rajeev Verma (P. W. 2) inspected the business premises of the appellant on 18-11-1987 and found that there was no display board indicating the stock position and other details nor he could find any register in respect of palm oil and kerosene oil and as such started preparing a memo. It is alleged that the appellant snatched the papers from P. W. 2 forcing him to treat back to his office.

(3.) P W. 2 stated that he again came back on 19-11 -1987 with a raiding party and with the help of accompanying police force broke open the doors of the shop of the appellant which was found closed and made the seizure and prepared and seizure memo. As may appear from the impugned judgment there was no seizure produced or found on the record of the case. On that very date, i. e. , 19-11-1987 the informant lodged a report of the above facts and on that basis the fir was drawn up. The written report bore the details of the quantity of commodities which were found up P. W.-2 stored in the stock of the appellant and though what could be the stock position after receiving the supply of the commodities. The typed report (Ext. 3) was the basis for drawing up Ext. 4, the FIR of the case arid filing of the final form sending up the appellant for the trial on conclusion of the investigation.