BIJAY KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred at the instance of the appellants against the impugned judgment and order dated 2.9.1999 and 4.9.1999 respectively passed in Mandu Police Station Case No. 237 of 1990 (G.R. Case No. 1624 of 1990) by Srnt. Vidyut Prabha Singh, Special Judge, Essential Commodities Act, Hazaribagh whereby and whereunder the appellants were found guilty for the offence punishable under Section 7 of the Essential Commodities Act for violation of Bihar Trade Articles (Licenses and Unification) Order, 1984 and they were convicted and sentenced to undergo rigorous imprisonment for three years. Bulaki Ram Versus Jatru Mahali

(2.) THE prosecution case has arisen on the basis of the written report dated 5.9.1990 (Ext. 2) at 3.30 hours of P.W.I A.S.I. Prabhu Gope, Charhi Outpost Camp of Mandu Police Station. Hazaribagh regarding an occurrence which is said to have taken place on that very day at 1.30 hours on Ranchi -Patna highway near Indraprastha line Hotel at Charhi, District -Hazaribagh and the case was instituted against the appellants by drawing of a formal first information report (Ext. 3) on that very day at 6.30 hours.

(3.) THE appellant have pleaded not guilty to the charge levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case at the instance of the local police. It has also been contended that the coal was being transported as per the valid documents.