- (1.) THE appellant Bagla Ranjan Samanta has been convicted under section 7 (1) (a) (ii) of the Essential Commodities Act for alleged violation of conditions 5 (a)/6 and 7 (a)/7 (b) of the License issued under the provisions of paragraph 6 (2) read with Section 12 of the West Bengal Kerosene Control order, 1968 and under Section 3 (2) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 as well as under Section 8 of the Anti Profiteering Act, 1958 and sentenced thereunder to suffer rigorous imprisonment for 3 months and to pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for one month for his conviction under section 7 (1) (a) (ii) of the Essential Commodities Act and to suffer rigorous imprisonment for 3 months and to pay a fine of Rs. 500/- for his conviction under Section 8 of the Anti Profiteering Act, 1958, in default rigorous imprisonment for one month respectively, whereas, the appellant Desbandhu samanta was convicted under Section 7 (1) (a) (ii) read with Section 8 of the essential Commodities Act, 1955 for alleged violation of conditions of 5 (a), 6 and 7 (a)/7 (b) of the License issued under the Provisions of Paragraph 6 (2) read with Section 12 of the West Bengal Kerosene Control Order, 1968 and under Section 3 (2) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 and sentenced to suffer rigorous imprisonment for 3 months and to pay a fine of Rs. 500/-, in default rigorous imprisonment for one month on each count of charge. Hence, this appeal.
(2.) THE prosecution case against the appellants are as follows : - "the accused Bagla Ranjan Samanta was a licensed kerosene dealer under Section 6 (2) of the West Bengal Kerosene Control Order, 1968 having his shop at Dakshin Baishnabchak, P. S. Haldia. On 5. 4. 83 in between 4. 45 P. M. and 5. 30 P. M. Shri S. S. Mukherjee, P. W. 6, a sub-Inspector of police and the then D. E. O. Mahisadal, visited and inspected the said kerosene oil shop of the accused Bagla Ranjan samanta, who was then not present in his shop and found his father desbandhu Samanta transacting the business and attending the customers, in presence of the witness Tapan Das (P. W. 3) and ekadashi Karan. The accused Desbandhu Samanta failed to produce any stock-cum-rate board, stock register, sale register and returns and 450 litres of kerosene oil was also found in the said shop. Thereafter, the P. W. 6 submitted an Ejahar, Exhibit 5, with the O. C. Haldia P. S. against the said accused persons. During investigation it was transpired that the accused Bagla Ranjan Samanta executed a registered Ahmuktarnama, on 20. 12. 82, in favour of his Bhagnipati (brother-in-law), Jhantu Kamilya entrusting him to look after and carry on his said kerosene business. The said Jhantu Kamilya was also not found in the said shop. The accused Bagla Ranjan Samanta has failed to maintain daily accounts of receipt or sale of kerosene oil and to prove grant of proper cash memo for every sale and he did not exhibit prominently in front of the shop a Board disclosing that he is a licensed kerosene dealer and the schedule of maximum price of kerosene oil fixed by the appropriate authority. "
(3.) IT appears from the records of examination of the appellants under section 251 of the Code of Criminal Procedure, the substance of the accusation against them are as follows : "the accused Bagla Ranjan Samanta a licensed kerosene dealer under West Bengal Kerosene Control Order, 1968, having failed to maintain daily accounts of receipts, or sale of kerosene oil and to issue cash memo against every sale of kerosene contravened the conditions of license, and not displayed the Stock Board prominently in front of the shop contravened the provision of paragraph 3 (2) of the West Bengal Declaration of Stocks and Prices of the Essential commodities Order, 1977 and having failed to maintain the true account of kerosene oil acquired, held and sold by him contravened the provisions of Paragraph 6 (2) of the West Bengal Anti-Profiteering act, 1958 and the accused Desbandhu Samanta and Jhantu Prasad kamilya for abetting commission of such offences. ";