Decided on April 24,1996

Barun Kumar Saha Appellant
THE STATE Respondents


Nisith Kumar Batabyal, J. - (1.)This appeal is directed against the order of conviction and sentence passed by the learned Judge, Special Court, under E.C. Act, Coochbehar in Special E.C.G.R.Case No. 14/84 for an offence under Sec. 7(i)(a) (iii) the said Act. The learned Judge has sentenced the appellant to suffer R.I. for two years.
(2.)The prosecution case, in short, is that the complainant (P.W. 1) visited the grocery shop of the appellant on 20.10.83 at his village shop where the appellant was found selling rice to customers. On demand by the complainant, Inspector of Food & Supply Deptt. of the State Government, its appellant could nor produce any valid licence or any registration certificate for dealing in rice. The complainant seized two bags of rice weighing 1 quintal 48 kgs. 300 gms. under a seizure list duly attested by witnesses. Thereafter, a complaint was lodged at Sitai P.S. upon which Sitai P. S. Case No. 6 dated 21.10.83 was started. After investigation charge-sheet was submitted under Sec. 7(l)(a)(ii) of the E. C. Act for violation of the West Bengal Rice and Paddy (Licensing and Control), 1967. Charge was accordingly framed to which the appellant pleaded not guilty. Upon trial, the learned Court below has found the appellant guilty of the offence charged and has been pleased to convict him and to sentence him as stated above.
(3.)Being aggrieved by and dissatisfied with the order of conviction and sentence, the appellant has come before this Court in appeal. The main contention of the appellant is that the learned trial Judge failed to consider the serious infirmity of the prosecution case and that the learned Judge failed to appreciate the evidence properly and hence the impugned judgment is not sustainable in law.

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