MD BANNU Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present criminal appeal has been preferred against the judgment and order of conviction and sentence dated 10.1.2000 passed by the Special Judge, Gumla in G.R. No. 3/95 whereby and whereunder the appellant has been found guilty for the offence under Section 3(2)(a) of the Essential Commodities Act punishable under Section 7 of the Essential Commodities Act and has been sentenced to undergo rigorous imprisonment for two years.

(2.) The case of the prosecution, in brief, is that the informant Mr. Lakhan Lal Sinha, Supply Inspector, gave a written report to the Officer Incharge, Gumla that on a confidential report he made a surprise inspection on 20.6.1995 at 4.20 p.m. in godown No. 24 at the premises of Bazar Samiti, Gumla under urban area. The lock of the godown was open and the shutter was clown. He found three drums of kerosene oil in godown No. 24 in which two drums were general and one drum was of blue colour kerosene oil. At the time of inspection the accused Bannu was not present and there was no document/cash memo bill for purchasing the same.

(3.) The total kerosene oil in three drums was nearly 600/- liters. The accused Bannu had no license for dealing in the kerosene oil and without obtaining the licence no one can deal in kerosene oil. As per the prosecution the blue coloured kerosene oil was only supplied to Public Distribution shop while Bannu had no P.D. shop nor any license to deal in the kerosene oil and thus as per the prosecution the kerosene oil was kept for black marketing. Accordingly the police instituted the case and after completing the investigation submitted the charge sheet and on the basis of charge sheet cognizance was taken and the case proceeded to trial.