- (1.) This appeal has been directed against the judgment dated 29.05.1986 passed by the Judge, Special Court under the Essential Commodities Act, 1955 (henceforth 'the Act'), Howrah, in S.C.T. No.88/1984. By the impugned judgment, the appellant Gobinda Aru has been convicted under Section 7(1)(a) (ii) of the Act and sentenced to undergo Rigorous Imprisonment for four months and to pay a fine of Rs.300/-, in default of payment of fine, to further undergo Rigorous Imprisonment for one month.
(2.) The case of the prosecution, in brief, is as under: On 28.07.1984 at about 18.45 hours to 19.20 hours Inspector T.P.Dhole of D.E.B., Howrah along with S.I. B.N.Panday, S.I. R. Chatterjee and Constable 2074 Rambehari Singh inspected shop of the appellant at Domjur bazar. On demand, the appellant produced the licence for kerosene oil but he failed to produce the relevant registers or cash memo for selling kerosene oil. On physical checking 100 ltrs. of kerosene oil was found in the shop. The kerosene was seized under a seizure list duly attested by the witnesses. The seized kerosene oil was left in jimma of one Syed Ali Molla. The appellant was arrested and thereafter they returned to Domjur Police Station. The said Inspector lodged a written complaint on the basis of which Domjur P.S. Case No.10 dated 28.07.1984 under Section 7(1)(a)(ii) of the Act was registered. That case was investigated into and after completion of investigation charge sheet was submitted under Section 7(1) (a) (ii) of the Act against the appellant.
(3.) Thereafter the case was placed for trial before the Learned Judge, Special Court, (E.C. Act) Howrah, who examined the accused/appellant under Section 251 of the Code of Criminal Procedure and after conclusion of trial, held the appellant guilty and convicted and sentenced him as mentioned above.;