PRAMOD KUMAR JHUNJHUNWALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. The sole appellant preferred this appeal against the judgment and order dated 26th April, 1989 passed by the Special Judge, E.C. Act (Urban), Patna in Special Case No. 17 of 1987 (arising out of Malsalami P.S. Case No. 90 of 1987, convicting the appellant under Section 7 of the E.C. Act, (hereinafter referred to as 'the Act') and sentencing him to undergo imprisonment for six months.

(2.) The brief fact of the case is that the Deputy Superintendent of Police (Food) along with other officers of the Supply Department on 19 -8 -1987 made inspection of the shop of the appellant. It is alleged that in spite the shop of the appellant 48 Tins of Rapseed oil was found meant for sale through the Public Distributionship System and in three opened Tins loose oil was found which was smelling like castor oil. On inquiry no cash -memo or accounts or licence for the said oil was produced on behalf of the appellant or his agent thus the appellant violated the provisions of the Unification Order, 1984.

(3.) During trial prosecution examined 8 witnesses in between the period 25 -1 -1981 to 18th of August, 1988 and thereafter the judgment was pronounced on 26 -4 -1989 and the accused -appellant was convicted accordingly.