BALMAKUND MODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application in revision by petitioner Balmukund Modi who has been convicted under Section 7 of the ESSENTIAL COMMODITIES ACT, 1955 (hereinafter referred to as 'the Act') for contravention of Section 3 of the Bihar Food Grains Dealers' Licensing Order, 1963 (hereinafter referred to as 'the Order') and has been sentenced to suffer rigorous imprisonment for a period of three months; and also to pay a fine of Rs. 1,000.00; in default, to suffer further rigorous imprisonment for one month.

(2.) It appears that the petitioner was tried by a Munsif Magistrate, 1st Class, especially empowered under Section 260 of the Code of Criminal Procedure, i.e. under the provisions of Section 12A of the Act. The substance of the allegation against the petitioner is that he carried on business in food grains in village Telwa within the jurisdiction of Police station Jhajha. On 24-8-1964, his shop was raided in presence of the Sub Divisional Magistrate, Jamui, and 101 maunds of rice was found stored there. A seizure list was prepared at the spot and the petitioner was asked to produce the necessary license for dealing in food grains which he failed to produce. A case was, therefore instituted against him on the report of the Sub Inspector of Police D. P. Gupta (P.W. 7), who was also a member of the raiding party.

(3.) The defence of the petitioner at the trial was that he did not carry on any business in food grains and that the rice that was recovered was the yield of his land. He did not question recovery of the rice from his place at the time of the raid. He examined some witnesses in support of his defence.