Joymalya Bagchi, J. - (1.) THE appeal is directed against judgement and order dated 11th December, 1990 passed by the learned Judge, Special Court, under E.C. Act, Malda, in Special Court Case No. 13/90 arising out of D.G.R. Case No. 48/89, convicting the appellant for commission of offence punishable under section 7(i)(a)(ii) of the Essential Commodities Act, 1955 for violation of paragraph 3(2) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 (hereinafter referred to as 'the Order of 1977') and sentencing him to suffer rigorous imprisonment for three months and to pay a fine of Rs. 250/ - in default to suffer rigorous imprisonment for one month more.
(2.) THE prosecution case as alleged against the appellant is that on receipt of source information that the dealer was storing huge quantity of lubricating oil in his godown for carrying on clandestine business, S.I., B.C. Das, D.E.O., Sadar, (P.W. 3), S.I. N.R. Das (P.W. 4) being led by Inspector D.E.B., Malda, Sri S.P. Chatterjee (P.W. 2), held a raid in the godowns of the appellant situated at Sarbamangala Pally and Ramkrishna Pally on 18.9.1989 around 9 -00 A.M. The appellant was present in his office at Sarbamangala Pally. On demand, the appellant produced the stock registers, licence and cash memo concerning his stocks of lubricating oil. On scrutiny it was found that on 18.9.1989 the accused has shown opening stock as follows : Brake Oil - 180 Litres, Grease - 1026 Kgs., Gear Oil - 128 Litres and Mobile Oil - 3892 Litres. The appellant had sold 5 litres of Mobile oil on that day. The police party made physical verification of the stocks of lubricant oils in the godown of the appellant and it was detected that 67 litres of mobil oil, 19 litres of brake oil and 157 litres of gear oil were in excess of the stocks as shown in the registers and 29 kgs. of grease was found to be short. The stock and price board displayed at the shop was also not maintained properly. Accordingly, the stock of oils, books of accounts, stock -cum -rate board were seized under seizure list and written complaint was lodged at English Bazar Police Station resulting in registration of English Bazar Police Station Case No. 277/89 dated 18.9.1989 under section 7(i)(a)(ii) of the Essential Commodities Act, 1955 for violating the condition of licence under the West Bengal Lubricating Oil Licensing Order, 1967 and paragraph 3(2) of the Order of 1977. In conclusion of investigation, charge sheet was filed under section 7(i)(a)(ii) of the Essential Commodities Act for violation of provisions of the West Bengal Lubricating Oil Licensing Order, 1967 and also for violation of paragraph 3(2) of the Order of 1977. Substance of accusation was read over and explained to the appellant. The appellant pleaded 'not guilty' and claimed to be tried.
(3.) IN the course of trial, the prosecution examined as many as four witnesses and exhibited a number of documents. Defence of the appellant was one of innocence and false implication. In conclusion of trial, the learned trial judge by judgement and order dated 11th December, 1990 convicted the appellant for commission of offence punishable under section 7(i)(a)(ii) of the Essential Commodities Act for violation of paragraph 3(2) of the Order of 1977 and sentenced him to suffer rigorous imprisonment for three months and to pay a fine of Rs. 250/ - in default to suffer rigorous imprisonment for one month more.;