D.P. Sengupta, J. - (1.) The present revisional application has been directed against the judgment and order dated 4.2.92 passed by the learned Additional Sessions Judge, 4th Court, Midnapore in Criminal Appeal No. 38 of 1991 thereby dismissing the appeal and affirming the judgment and order of conviction and sentence dated 30.3.91 passed by the learned SDJM, Contai in C.R. case No. 336 of 1975 convicting the accused petitioner under section 87 of the Gold Control Act, 1968 and sentencing him to suffer R.I. for one year and to pay a fine of Rs. 1000/- in default to suffer R.I. for 3 months.
(2.) The prosecution case in brief is that the shop of the accused under the name and style "M/s. Gangamoni Jewellery House", the residence of the accused and the Locker of the accused Subhas Kamila were searched on 19.2.74, 20.2.74 and 28.2.74 by the officers of the Gold Cell, Central Excise and there was recovery of gold ornaments and articles from all the three places. Thereafter, the Gold Control Act filed a complaint. After considering the evidence before charge and the documents filed a charge under section 87 of the Gold Control Act, 1968 was framed against the accused for contravention of section 55 of the said Act..
(3.) The charge as framed against the accused was as follows: "That in between 19.2.1974 and 28.2.1974 gold and gold ornaments to the tune of 3938.550 grams were found in your possession and control in your shop name and style M/s. Gangamoni Jewellery House, Contai, in your Kumarpur residence at Contai and in the locker No. 22 at the Contai Cooperative Bank Ltd., standing in your name and were seized by the Officer, Gold Cell, Central Excise and you being a certified gold smith at Contai failed without any reasonable cause to keep a true and complete account of the said gold and gold ornaments in contravention of section 55 of the Gold Control Act, 1968.".;