Pradeep Kumar, J. - (1.) NO body appears on behalf of the appellant on repeated call. On the request of the Court Mr. Tapas Kabiraj has appeared and argued the case as amicus curie.
(2.) THIS appeal is directed against the judgment of conviction and order of sentence dated 8 March, 2000 passed by Shri S.N. Singh, Special Judge, E.C. Act, Gumla in G.R.Case No. 45 of 1987 (Gumla P. S. Case No. 213 of 1987), by which judgment the learned Special Judge found the appellants guilty under Section 7 of the Essential Commodities Act and sentenced them to undergo rigorous imprisonment for 3 months. It is submitted by the learned Counsel for the appellants that from the prosecution case itself it will appear that a raid was conducted at about 7 P.M. in the evening and a tractor loaded with kerosene oil also seized by the police party and hence the learned court below convicted the appellants. One drum of kerosene oil loaded on the tractor belonging to the ration shop of the appellant having 400 liters of kerosene oil, in that view of the matter, there was no shortage. Moreover, the appellants have not been given the benefit of Section 366 Cr.P.C. since it was a first offence and a technical offence only.
(3.) ON the other hand, learned Counsel for the State has opposed the prayer, but admits that benefit of Section 366 Cr. P. C. was not given to the appellants.;