- (1.) In this appeal the judgment and sentence of conviction dated 29th November, 1990 passed by the Ld. Special Court (Essential Commodities Act), Burdwan in TR Case No. 27 of 1990 is under challenge. The appellant has challenged the judgment and sentence convicting him for violation of para 3(2) of the West Bengal Declaration of Stock of Prices of Essential Commodities Order, 1977. The appellant was however, acquitted for alleged violation of Clauses (1) and (2) of para 12 of the West Bengal Kerosene Control Order, 1968.
(2.) Sri. Debojyoti Das, Ld. Amicus Curie points out that the complaint against the appellant was lodged by one Nirmalendu Mukherjee, SI of Police, DEB, Burdwan dated 19th November, 1989. According to the complaint addressed to the Officer-in-Charge Khandaghosh P. S., a raid was conducted by the said SI Nirmalendu Mukherjee at the shop premises of the appellant on 19th November, 1989 in between 11:30-12:30 hours. Upon reaching the shop premises it was found by the police that the stock book of kerosene oil and the stock board of the appellant, who was a dealer in kerosene oil were written to indicate the stock position as on 18th November, 1989, i.e. the previous date.
(3.) The complainant found that as per opening stock of 18th November, 1989 the kerosene oil was 1935 litres. In terms of the cash memo book 665 litres were sold on 18th November, 1989. There was no sale shown on 19th November, 1989. On physical checking four barrels of kerosene oil each containing 200 litres and 1 barrel containing 175 litres totalling 975 litres of kerosene oil was found instead of 1270 litres and thus there was a shortage of 295 litres of kerosene oil.;