USMAN MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these applications arise out of the same order and have, therefore, been heard together. In all, there are three petitioners, all of whom have been convicted Under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for one year. In addition, Usman Mian, the petitioner in Criminal Revision No. 2512, has been sentenced to pay a fine of Rs. 500.00 or, in default, to undergo rigorous imprisonment for six months more.

(2.) The occurrence took place at about 1 A. M. in the early hours of the 18th October, 1967. on a public road running between Fookbandi and Karmatand within Narainpur Police Station, in the District of Santhal Parganas. At the relevant time and place, Ramzan Mian (P.W. 12) saw a bullock-cart laden with food-grains proceeding towards Karmatand and all the three petitioners accompanying the cart on foot. Upon the query of P.W. 12, petitioner Usman Mian stated that he was taking the grains from his shop in Fookbandi to his house in village Karmatand. Thereupon P.W. 12 raised an alaram at which certain villagers of Tarkoiori, such as Abdul Rahim, (P.W. 10) and Zabbar Mian (P.W. 11) came up and ran behind the cart raising hulla. Thereupon petitioners Usman Mian and Hari Pandit fled away, but petitioner Khedu Pandit was apprehended, who then said that the food-grains related to the fair price shop of Usman Mian and he had been engaged for the purpose of reaching them to his house in Karmatand. The bullock-cart contained four bags of Baira and two bags of wheat. After detaining the cart, Ramzan Mian (P.W. 12) gave a written report (Ext. 2) to the officer in-charge of Narainpur Police Station (P.W. 13), who instituted a case and took up investigation. He visited the spot which lay in Tola Madarpur of village Tarkojori and seized the bullock-cart along with the grain bags. On weighment, the stock was found to consist of 7 maunds of Baira and 3 maunds 29 seers of wheat. Subsequently. samples of both the varieties of foodgrains were forwarded by the Investigating Officer (P.W. 13) to the Government of India, Ministry of Food and Agriculture. New Delhi, for an analysis. The Analyser attached to the office of the Assistant Director (Tech.), Storage and Inspection (Department of Food), reported that the samples were of imported varieties of wheat and milo. The Analyser's report is on the record as Ext. 5. In due course, all the three petitioners were put on trial before the Munsif Magistrate exercising first class powers at Jamtara.

(3.) The petitioners denied the prosecution case and took the plea that they had been falsely implicated at the instance of Ramzan Mian (P.W. 12), who was on terms of bitter enmity with petitioner Usman Mian. The trial Court, however, accepted the prosecution case and convicted the petitioners as aforesaid. Against their conviction, the petitioners took an appeal to the Sessions Judge, but that was summarily rejected. The petitioners have, accordingly, come up to this Court in revision.