BANSI SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed by the appellants against the impugned judgment dated 24.1.1996 passed in Mandar P.S. Case No. 6/1992/T.R. No. 72/96 by Sri Sarju Prasad, Special Judge, E.C. Act, Ranchi whereby both the appellants were found guilty and convicted for the offence punishable under Section 7 of E.C. Act for the contravention of Bihar Trade Article (Licences Unification) Order, 1984 and they were sentenced to undergo R.I. for one year each.

(2.) THE prosecution case has arisen on the basis of the written report of informant Ajit Sankar, Circle Officer, Mandar lodged before the O.C., Mandar on 21.1.1992 at 17.30 hrs. regarding the occurrence of that very day which is said to have taken place at 2 O'clock in the day at Mandar Bazar. The prosecution case is that the informant along with S.I. Shiv Prasad Singh as per direction of the D.C. and S.D.M., Sadar, Ranchi raided Bombay Market at about 2 O'clock in the day and he found appellant Bansi Sahu, a licensed kerosene oil hawker, in possession of 200 ltrs. of kerosene oil in 5 jerkin of 40 Hrs. capacity and he was selling kerosene oil @ Rs. 8/ - per litre as against the Government fixed rate of Rs. 2.74 per ltr. of kerosene oil. He has also found appellant Rafique Ansari in possession of 35 ltrs. of kerosene oil and he was also selling kerosene oil @ Rs. 8/ - per litre though he was not a licensee for the sale of kerosene oil. The aforesaid kerosene oil was seized and seizure list was prepared. The prosecution case further is that as per direction of the higher authorities and in view of the need of the people the seized kerosene oil was distributed to the people in the said market @1/2 ltr. per person and a case under Section 7 of the E.C. Act was registered against the appellants.

(3.) FOUR witnesses were examined on behalf of prosecution to substantiate the accusation against the appellants. PW 4, Ajit Sankar is the informant and PW 1, Sheo Ratan Giri, PW 2, Bhola Nath Tiwari and PW 3, Sanjoy Kumar are the witnesses on the seizure and Ext. 1 series and 2 series are the signatures of the witnesses of the seizure on the seizure list. Ext. 3 is the written report of the informant.