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 Trial 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 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 be in a very narration occupies (sic). 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 (PW2) inspected the business premises of the appellant on 18.11.1987 and found that there was not 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 PW2 forcing him to treat back to his office.

(3.) PW2 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 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 on that basis the FIR was drawn up. The written report bore the details of the quantity of commodities which were found up PW2 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 (Ex. 3i was the basis for drawing up Ex. 4, the FIR of the case and filing of the final form sending up the appellant for the trial on conclusion of the investigation.