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 Sec. 7(1)(a)(ii) of the Essential Commodities Act, 1955 (in short 'E.C. Act') and he was convicted and sentenced to undergo R.I. for two years and also to pay a fine of Rs. 500.00 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 Basia 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 kgs. and 70 Its. 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 kgs. 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. In course of the investigation, however, the I.O. seized 150 kgs. of sugar, 95 kgs. of wheat and 50 ltrs. of kerosene oil alongwith different measures for measuring kerosene oil besides container of tin from the residential house of the appellant situated at village Turundu, P.S. Kamdara, District Gumla and these recovered articles were also seized and a seizure list was prepared.