JUDGEMENT
HARI SHANKAR PRASAD, J. -
(1.)THIS appeal is directed against the judgment of conviction and order of sentence dated 10.6.1999 passed in G.R. No. 18 -of 1992 whereby and whereunder the learned Special Judge, Gumla convicted the appellant under Sec. 7(i) a (ii) read with Sec.3(2)(c) of the EC Act and
sentenced him to undergo RI one year.
(2.)PROSECUTION case in brief is that Md. Shafiq, Supply Inspector, Gumla along with Akhleshwar Prasad Singh, Assistant Director of Social Security and Markanday Durai, Block Supply Officer,
raided the house of Ramkeshwar Sahu on 16.11.1992. At the time of raid, Mukhia Hari Singh and
Vinay Kumar Kashyap were also present. On search six quintals of Sugar and 15 litre of Kerosene
Oil were found but as no paper was shown by the appellant, then in presence of witnesses,
seizure list was prepared and the same was given to Bal Mukund Sahu on Zimma Nama.
Thereafter FIR was lodged and a case under the aforesaid sections was registered. Cognizance in
the case was taken and learned Special Judge, Gumla recorded evidence of witnesses -both oral
and documentary -and held the appellant guilty and convicted and sentenced him as aforesaid.
Six witnesses have been examined in this case on behalf of prosecution and two witnesses have been examined on behalf of the defence. PW 1 is the formal witness, who proved the FIR.
PW 2 is Hari Singh, who is a seizure list witness. PW 3 is Vinay Kumar Kashyap. He is also seizure
list witness but he has been tendered for cross -examination. PW 4 is Markanday , Durai. He is
Block Supply Officer of Buru. PW 5 is Md. Shafiq. He is informant of the case and PW 6 is IO of the
case.
(3.)PW 1 is a formal witness who has proved some documents. PW 3 has been tendered for cross - examination. PW 2 is Hari Singh. He is cultivator. He is a seizure list witness.
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