RAJENDRA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application in revision. Both the petitioners have been convicted under section 7 of the Essential Commodities Act for having contravened the provisions of the Bihar Kerosene Dealers Licensing Order, 1965 (hereinafter referred to as the 'Order') an order made under section 3 of the Essential Commodities Act (hereinafter referred to as the 'Act') and they were sentenced thereunder to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2000 each and, in default, to suffer rigorous imprisonment for six months. The quantity of kerosene oil which constituted the subject of the offence was also ordered to be forfeited. On appeal the sentence of imprisonment was reduced to one year and the fine to Rs. 1000 and in default thereof to suffer rigorous imprisonment for three months.

(2.) The short facts of the prosecution case were that on the night between 2nd/3rd June, 1968 at about 1.30 A.M. the petitioners were found carrying eight tins full of kerosene oil on two rickshaws to Teghra where they live and carry on business. The informant Medho Sah (P. W. 1) who was sleeping in his tea-stall near Teghra police-station, woke up and saw the tins being carried on the rickshaws. A police constable who happened to be the orderly of the Inspector of Police, Teghra, also arrived there and the petitioners were apprehended along with two rickshaws loaded with the tins of kerosene oil including to two rickshaw pullers. The Inspector of Police who lived close by also arrived and directed the orderly constable to take the petitioners along with the rickshaws loaded with the kerosene oil including the rickshaw pullers to Teghra police-station. According the petitioners the rickshaws loaded with kerosene oil tins and the rickshaw pullers were taken to Teghra police-station where a first information was lodged. The petitioners and the two rickshaw pullers were taken into custody and the tins seized. When nothing was found against the rickshaw pullers, they were released after their statements were recorded under section 164 of the Code of Criminal Procedure. After the investigation, the police submitted chargesheet against the petitioners for having contravened the provisions of the order and they were thereupon put on trial with the result already mentioned.

(3.) The learned counsel appearing on behalf of the petitioners has contended that the petitioners had not contravened the provisions of clause (7) of the Order as they had not till then stored the kerosene oil at their premises. Clause (7) of the order provides as follows : -