RAM PRAVESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) have heard counsel for the parties. The sole appellant has ben convicted under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for two years.

(2.) The prosecution case, briefly stated, is that in the year 1983 the appellant had obtained Licence No. 24/83 for dealing in coal in Lalji Tola, ward No. 5, P.S. Gandhi Maidan, District Patna and the same was renewed in the year 1984 but was not renewed in the year 1985 and even without renewal of the licence, he was found dealing in coal. On 26.5.1986, the Supply Inspector had visited the business premises of the appellant and had found him dealing in coal without valid licence. A written report Ext. 3 was filed before the Officer Incharge, Kotwali Police Station where a formal first information report, Ext. 4, was ,drawn and the police after due investigation submitted charge -sheet against the appellant. The1 appellant ultimately was put on trial after taking cognizance of the offence and he has been found guilty for the offence under Section 7 of he, Essential Commodities Act and sentenced to undergo rigorous imprisonment for two years.

(3.) The defence, as it appears from the trend of the cross -examination of the defence witness, it the total denial of the prosecution allegation saying that the appellant bad already applied and deposited the requisite fee for renewal of his licence and after doing so, he was carrying on his business.