NATHMAL KABRA AND ANR. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the Appellants stand convicted under Sec. 12-AA(1)(f) read with Sec. 7 of the Essential Commodities Act 1955 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for two years, each by the judgment dated 1.2.1989 passed, in Special Case No. 16/86, be Sri R.D. Roy, Special Judge, E.C. Act, Urban, Patna. Being aggrieved by the afore-, said judgment, the Appellants have preferred this appeal.

(2.) The case of the prosecution, in short is that on 22.2.86 at about 3 P.M. a police party of the Department of Food, Government of Bihar, headed by Sri S.N. Pandey, conducted the raid of the business premises of M/s Kabra Brothers, dealers in Kerosene oil and Diesel, situated at Patna Ghat within the Malsalami Police Station, District Patna. Appellant No. 1 is the proprietor of M/s Kabra Brothers and holds a licences granted under the provisions of Bihar Trade Articles (Licences Unification) Order, 1984, whereas Appellant No. 2 was at the relevant time Munshi of the firm. During the course of search, the physical verification of the stock was done. The opening balance, as per the stock register was 9420 litres. 3300 litres of K. Oil, had been shown to be sold on 22.2.86. The tank of the K. Oil contained 6246 litre of K. Oil besides 2 drums of K. Oil containing 400 litres were found. Thus, the total stock was found 6646 litres. According to the raiding party, there was excess of 526 litres of K. Oil beyond the stock entries. It is alleged that on one of the drums, the name of one Ajit Kumar Singh and on the other drum, the name of Karmu Sah were written. It has farther been alleged that the dealer failed to furnish satisfactory explanation with regard to the aforesaid irregularity. It has been further alleged that the Appellants had violated the directions of the Special Officer, Rationing, as contained in Exts. 7 and 7/1 which were issued to the different wholesale dealers of the town dealing with K. Oil. The articles were seized and the seizure list was prepared. The prosecution alleged that the Appellants had failed to explain the excess stock of the K. Oil and had further contravened the provisions of the Act in not-displaying the correct position of the stock. On the basis of the written report submitted by the raiding party, a formal F.I.R. was recorded. The police, after completing investigation, submitted charge-sheet under Sec. 7 of the Essential Commodities Act. Thereafter, the cognizance of the offence was taken and accused persons were put on trial.

(3.) The defence of the Appellants, as it appears from the trend of cross-examination as also their statements recorded under Sec. 313 of the Code of Criminal Procedure, is total denial of the prosecution allegation., Their further case is that no correct measurement of the K. Oil as also of the tank containing K. Oil had been done by the inspecting party. There was no excess of K. Oil in the stock beyond the entry made in the stock register. There was no proper stock verification nor the measurement of K. Oil was done in accordance with law.