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 Sakara 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 a 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.) THE defence of the appellant was that allegations were false and concocted and that nothing was found as was reported by P.W.2 through Ext -3 and that P.W.2 the Supply Inspector never visited the business premises of the appellant and for any reasons best known to him he lodged a report full of concocted facts.