NAGESHWAR PRASAD PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 14.12. 1998 passed in Kotwali PS Case No. 751/91, whereby and whereunder the learned 5th Additional Judicial Commissioner -cum -Special Judge, EC Act, Ranchi, held the appellants guilty under Sections 7 of the EC Act and convicted and sentenced them to undergo RI for one year each.

(2.) A written complaint was lodged by Udaykant Thakur. Marketing Officer, Ranchi on the basis of which Kotwali P S Case No. 751/91 under Section 7 of the EC Act was registered against appellants and after investigation I.O. submitted charge -sheet against the appellants. According to written complaint, the case is that on 26.11.91 at 3 p.m. Udaykant Thakur, informant, who is marketing Officer. Ranchi alongwith Wakil Marandi. Supply Inspector, inspected the retail coal shop of the appellant Nageshwar Poddar situated in Jagatpal Street, Ward No. 3 Ranchi and at that time appellant Nageshwar Prasad, in whose name licence was issued, was not present but son of the appellant Balram Prasad Poddar was managing the shop bearing licence No. 1139/84. In course of inspection informant inspected the coal stock register and demanded coal sale register and cash -memo but appellant Balram Prasad Poddar replied that those registers and cash -memo are not maintained in his shop and cash -memo of the sale of coal had been maintained upto 8.10.91 only. Cognizance in the case was taken and substance of accusation was explained. On this piece of evidence the learned Special Judge EC Act recorded the evidence of witnesses both oral and documentary and came to a finding and held the appellants guilty and convicted and sentenced them as aforesaid.

(3.) PW 1, who is informant, has stated that he went to the shop of appellant Nageshwar Prasad Poddar, who is a licencee bearing licence No. 1139/84 but he was not present and his son told that register and other cash -memos are not maintained in his shop and these things have been maintained upto 8.10.1991. He recorded the statement of PW 2 and one more person, who levelled allegation against the shopkeeper that he used to sale coal at Rs. 40/ - per mound and thus charged Rs. 14/ -more than the fixed price. They also disclosed that the cash - memos are not supplied to them.