RAM CHHABILA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has filed the present appeal against the judgment dated 15-3-1997 passed by the Special Judge, Gumla in G.R. No. 4 of 1988 whereby the learned Special Judge convicted the appellant finding him guilty under Section 7(i) (a) (ii) of the Essential Commodities Act and has sentenced him to undergo Simple Imprisonment for the period of three months and to pay a fine of Rs. 700/- and in default of payment of fine he shall further undergo simple imprisonment for one month,

(2.) The prosecution case in short is that one Anil Prasad Keshari (P.W. 1) lodged FIR on 13-6-1988 in the Chainpur Police Station alleging that 10 bags of wheat were being unloaded from a tractor in the flour mill of Nand Kishore Agarwal. It was further alleged that the wheat was being unloaded by the contractor i.e. appellant and the driver of the tractor. The informant suspected that the said wheat was meant for distribution amongst the labourers or for sale through fair price shop. On the basis of the Fard Beyan of Anil Prasad Keshari (P.W. 1), a case under Section 7 of the Essential Commodities Act was registered against the appellant, Nand Kishore Agarwal and driver of the Tractor Bijay Singh.

(3.) In course of the Investigation, seven bags of wheat were seized from the house of Nand Kishore Agarwal and three bags seized from the trailer of the Tractor.