- (1.) This appeal is directed against the Judgment and Order of conviction under Section 7(i)(a)(ii) of the Essential Commodities Act for violation of para 3 of the West Bengal Rice and Paddy (Licensing & Control) Order, 1967 and para 3 of the West Bengal Sugar (Licensing & Control) Order, 1980 and sentence to suffer rigorous imprisonment for 2 years and to pay fine of Rs. 2,000/- in default to suffer simple imprisonment for 4 months passed by Sri H. Ray, Judge, Special Court, E.C. Act, Jalpaiguri on 20.9.89 against the convict/appellant Sadhangshu Chandra Dey the accused appellant of this case.
(2.) The incident giving rise to the prosecution case against the accused/appellant may be summarised as follows : Pursuant to the charge-sheet submitted by P.W.1 (Ranjit Kumar Sengupta, D.E.C. Sadar, Jalpaiguri arraigned Special Court case No. 21 of 1989 under Section 70)(a) (ii) of the Essential Commodities Act, 1977 to answer the following charges. "That you, on or about the 29th day of June, 1989, at your M.R. Shop at Bamarpara within Kotwali P.S. during an inspection by the D.E.O. (Sadar) found 157 quintals 500 gms of rice, 43 quintals 750 of sugar and 221 kgs. of wheat shortage in your stock and so you had violated para 3 of the West Bengal Sugar (Lincensing & Control) Order, 1967 and para 3 of the Sugar (Licensing & Control) Order, 1980 and thereby committed an offence punishable under Section 7(1)(a)(ii) of the E.C. Act and within my cognizance."
(3.) The accused/appellant pleaded not guilty to the aforesaid charge and claimed to be tried and the prosecution, in the instant case, in order to establish its case, has examined as many as five witnesses and the defence, on the other hand, has examined two witnesses to prove its contention.;