PUNI SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed by the appellant against the judgment and order dated 24.4.1996 passed by Sri R.P. Verma, Special Judge, Essential Commodities, Ranchi in G.R. No. 14 of 1991 whereby the appellant has been found guilty for the offence punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (in short E.G. Act) and he was convicted and sentenced to undergo R.I. for two years and also to pay a fine of Rs. 500/ - and in default thereof to further undergo R.I. for one month.

(2.) THE prosecution case has arisen on the basis of the written report of informant. PW 3, Vakar Ahmad, Supply Inspector of Basta and Kamdara Circle in the district of Gumla lodged before the Kamdara P.S. on 23.9.1991 at 17.00 hours regarding the occurrence which is said to have taken place on 23.9.1991 at 10.50, hours in the fair price shop situated at village Titihi, district Gumla. 3. The prosecution case, in brief, is that the appellant is a licensee of a fair price shop at village Titihi and PW 3, the informant, inspected the fair price shop of the appellant and he found that the stock and price list were displayed on the board at the said shop indicating the stock position of sugar, wheat and kerosene oil being 2 quintals, 190 kg and 70 ltrs respectively but on verification of the sale register and the cash memo it was found that no item aforesaid was distributed among the card holders till the time of inspection. The prosecution case further is that there was nothing found on physical verification of the stock whereas according to the stock position there should have been a stock of 2 quintals of sugar, 70 ltrs, of kerosene oil and 190 kg. of wheat. Accordingly stock registers regarding the aforesaid articles, cash memos etc. were seized and seizure list was prepared. It is also alleged that the appellant has sold the aforesaid essential quantities in the black market which were meant for distribution among the card holders.

(3.) THE substance of accusation under Section 9(ii) of the E.C. Act was explained to the appellant on 31.3.1992 to which he has pleaded not guilty and claims himself to be innocent and to have committed no offence. It has also been contended that he has stored the aforesaid essential commodities in his residential house as per the written permission of the C.O. Kamdara and the entire stock, as mentioned on the display board, has been found and recovered from his residential house at Turundu.