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2008 Supreme(Jhk) 1183

AJIT KUMAR SINHA
Md. Bannu – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellant : M/s A.K. Chaturvedi, Amitesh Kr. Tiwary.
For the Respondent: Mr. Mahua Palit.

Judgment

Ajit Kumar Sinha, J.- 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-in-Charge, 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 god own was open and the shutter was down. 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. The total kerosene oil in three drums was nearly 600/- liters. The accused Bannu had no license for



























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