D.K.SINHA, J. - (1.) THE present appeal is directed against the judgment of conviction under section 7 of the E.C. Act for violation of the provisions of Bihar Trade Articles (Licenses Unification) Order, 1984 passed by Sri S.N. Singh, Special Judge (E.C. Act), Gumla in G.R. No. 6 of 1993 whereby and whereunder both the appellants were sentenced to undergo rigorous imprisonment for six months each.
(2.) THE prosecution case as it stands narrated giving rise to Gumla P.S. Case No. 96 of 1993 was that the informant Md. Shafique, Supply Inspector on 11.5.1993 visited the business premises of the appellant No. 1 Ram Rekha Sao with the Assistant District Supply Officer, Gumla in the noon and found Ram Rekha Sao with his son appellant No. 2, Ashok Kumar Gupta there. The visiting party found that the display board of the commodity was bearing the date of 20.4.1993 and the stock position was not up date to which a true copy of the contents of display board was prepared in presence of the appellant Ram Rekha Sao. Thereafter, the party verified the storage in the interior part of the shop and found the following in two, rooms: '' (i) Rice -32 Quintals 10 K.G. -in 33 bags (ii) Pulse -09 Quintals 20 K.G. -in 11 bags (iii) Refined flour (Maida) -10 Quintals 40 K.G. -in 12 bags Equivalent Citation:2007 -JCR -4 -485 (iv) Suji -50 K.G. -in 1 bag (v) Gram -3 Quintals 5 K.G. -in 5 bags (vi) Mustard Oil -1 Quintal 80 K.G. - 12 containers (vii) Vegetable Oil -1 Quintal 50 K.G. -in 10 containers (tins) (viii) Refined Oil -1 Quintal 5 K.G. -in 7 containers (tins) (ix) Karanz Oil -1 Quintal 80 K.G. -in 12 containers. (tins) It was alleged that on demand the appellants failed to produce any license for dealing in food articles and edible oil including the cash memo of purchase and the stock register, yet the appellants explained that they were neither licensee nor they had applied for license for dealing in food articles and edible oils.
(3.) THE informant, therefore, found prima facie that the aforesaid storage was in violation of clause 18(ii) of the Bihar Trade Articles (Licenses Unification) Order, 1984 and that there was violation of clause 3(a)(b), 4(c) and 7 of the Bihar Essential Articles (Display of Prices and Stocks) Order, 1977.;