MD. AGNU @ MD. AGHNU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner, in this application, under Section 397 read with Section 401 of the Code of Criminal Procedure, has challenged the order dated 30.08.2018 passed in Criminal Appeal No. 13 of 2017 whereby the learned lower appellate Court has dismissed the appeal and confirmed the judgment of conviction and order of sentence dated 17.07.2017 passed by Mr. Abhishek Kumar Mishra, learned S.D.J.M., Kishanganj, in CIS No. 4827 of 2014, arising out of G.R. No. 480 of 2013, corresponding to Pothia (Patharkata) P.S. Case No. 81 of 2013, registered under Section 414 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

(3.) The prosecution case as disclosed in the First Information Report is that the petitioner was found carrying 90 litres of kerosene oil on a bicycle. On being asked by the informant-the Block Supply Officer, the petitioner reported that he had no valid paper for carrying the said kerosene oil. After investigation of the case, the police submitted charge-sheet for offence under Section 7 of the Essential Commodities Act only.