N. Pandey, J.

Both the appellants stand convicted under section 12-AA (i) (f) read with section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for two years, each by the judgment dated 1.2.1989 passed, in Special Case no. 16/86, by Sri R. D. Roy, Special Judge, E. C. Act, Urban, Patna. Being aggrieved by the aforesaid judgment, the appellants have preferred this appeal.

2. The case of the prosecution, in short, is that on 22.2.86 at about 3 P. M., a Police party of the Department of Food, Government of Bihar, headed by Sri S. N. Pandey, conducted the raid of the business premises of M/s Kabra Brothers, dealers in Kerosene oil and Diesel, situated at Patna Ghat within the Malsalami Police Station, District Patna Appellant no. 1 is the proprietor of M/s Kabra Brother and holds a licence, granted under the provisions of Bihar Trade Articles (Licences Unification) Order, 1984, whereas appellant no. 2 was at the relevant time Munshi of the firm. During the course of search, the physical verification of the stock was done. The opening balance as per the stock register was 9420 litres. 3300 litres of K. Oil, had been shown to be sold on 22.2.86. on 22.2.86. The tank of the K. oil contained 6246 litre of K. Oil besides 2 drums of K. Oil containing 400 litres were found. Thus, the total stock was found 6646 litres. According to the raiding party, there was excess of 526 litres of K. oil beyond the stock entries. It is alleged that on one of the drums the name of one Ajit Kumar Singh and on the other drum, the name of Karmu Sah were written. It has further been alleged that the dealer failed to furnish satisfactory explanation with regard to the aforesaid irregularity. It has been further alleged that the appellants had violated the directions of the Special Officer, Rationing, as contained in Exts. 7 and 7/1 which were issued to the different wholesale dealers of the town dealing with K. Oil. The article, were seized and the seizure list was prepared. The prosecution alleged that the appellants had failed to explain the excess stock of the K. Oil and had further contravened the provisions of the Act, in not displaying the correct position of the stock.

On the basis of the written report submitted by the raiding party, a formal F.I.R. was recorded. The police, after completing investigation, submitted charge-sheet under section 7 of the Essential Commodities Act. There after, the cognizance of the offence was taken and accused persons were put on trial.

3. The defence of the appellants, as it appears from the trend of cross examination, as also their statements recorded under section 313 of the Code of Criminal Procedure, is total denial of the prosecution allegation. Their further case is that no correct measurement of the K. Oil as also of the tank containing K. Oil had been done by the inspecting party. There was no excess of K. oil in the stock beyond the entry made in the stock register. There was no proper stock verification nor the measurement of K. Oil was done in accordance with law.

4. The prosecution, in support of its case examined altogether 6 witnesses. P.W.1, Raghubansh Singh, at the relevant time was the Inspector, C.I.D, (Food). P.W.2. Remi Liucus and P.W.3, Shiv Shankar Prasad have been tendered. P.W.4, Surendra Nath Pandey at the relevant time was the Depute Superintendent of Police (Food), P.W.3, Surendra Kumar Verma was the Stenographer of the Special Officer, Rationing, Patna, P.W.6, Singheswar Prasad Sinha, Police Inspector, C.I.D. (Food), is the informant of this case.

5. From the evidence of the informant, it transpires that on 22.2.86 he accompanied with the member of the raiding party consisting of several police officers headed by Sri S. N. Pandey (P. W. 4) had conducted the raid at the business premises of M/s Kabra Brothers. From his evidence it further reveals that they had inspected the business premises, where Munshi of the