- (1.) THIS appeal has been preferred at the instance of the appellants against the impugned judgment and order dated 2.9.1999 and 4.9.1999 respectively passed in Mandu Police Station Case No. 237 of 1990 (G.R. Case No. 1624 of 1990) by Srnt. Vidyut Prabha Singh, Special Judge, Essential Commodities Act, Hazaribagh whereby and whereunder the appellants were found guilty for the offence punishable under Section 7 of the Essential Commodities Act for violation of Bihar Trade Articles (Licenses and Unification) Order, 1984 and they were convicted and sentenced to undergo rigorous imprisonment for three years. Bulaki Ram Versus Jatru Mahali
(2.) THE prosecution case has arisen on the basis of the written report dated 5.9.1990 (Ext. 2) at 3.30 hours of P.W.I A.S.I. Prabhu Gope, Charhi Outpost Camp of Mandu Police Station. Hazaribagh regarding an occurrence which is said to have taken place on that very day at 1.30 hours on Ranchi -Patna highway near Indraprastha line Hotel at Charhi, District -Hazaribagh and the case was instituted against the appellants by drawing of a formal first information report (Ext. 3) on that very day at 6.30 hours. The prosecution case, in brief, is that PW 1, the informant along with PW 2 Baleshwar Dubey and Ramashraya Prasad, both constables were on patrolling duty and in course of their duties, they reached Indraprastha Line Hotel near Charhi and found the truck bearing registration No. BPV -6351 loaded with coal on Patna Ranchi highway and on query appellant No. 1, who is the driver of the said truck, told that the said truck is stationed here due to the fact that it has broken down. It is alleged that on demand appellant No. 2 did not produce any relevant documents in respect of the coal loaded on the said truck and has further stated that he is carrying the said coal on the said truck from Ral -lygarha to the market in Varanasi for its sale and he further disclosed that appellant No. 1 is the owner of the said truck. It is further alleged that the driver had no permit with him for carrying the said coal to Varanasi and thereafter a seizure list (Ext. 1) was prepared and the coal and the said truck were seized.
(3.) THE appellant have pleaded not guilty to the charge levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case at the instance of the local police. It has also been contended that the coal was being transported as per the valid documents.;