- (1.) This is an appeal against the order of conviction of the appellant under Section 7 (1)(a)(ii) of the Essential Commodities Act for alleged violation of the provisions of Paragraph 5 (2) of the West Bengal Licensing of Dealers of Cement and Distribution of Levy Cement Order, 1982 and sentence of rigorous imprisonment for 2 years and a fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for a further period of 6 months, passed in a trial held before the learned Judge, Special Court under E, C. Act, Nadia, Krishnanagar.
(2.) During the trial while the appellant was examined under Section 251 of the Code of Criminal Procedure, the accusation made against him was as follows : "On June 24, 1988 in between 12 noon to 4. 30 P. M. the complainant of the case, inspected the cement shop of the appellant when he was found running the shop, at the time the Stock Register and Sale Register was verified and 1200 bags of cement was found shortage. On being asked the appellant could not give any explanation for such shortage. Besides that the appellant was running a cement business from another godown for which he has neither any separate account nor any license. Thus, he has contravened the provisions of Paragraph 5(2) of the West Bemgal Licensing Dealers of Cement and Distribution of levy Cement Order, 1982."
(3.) The provisions of the Paragraph 5 (2) of the West Bengal Licensing Dealers of Cement and Distribution of Levy Cement Order, 1982 for alleged contravention whereof the appellant has been placed on the aforesaid trial read as follows : "5(2) Every license shall maintain separately for each place of business, a register containing correct and true accounts of purchase, sale and storage of cement at premises or places, to be written up at the end of each day. The register shall show-(a) the opening stock of the clay, (a) the opening stock of the day, (b) the quantity received during the day, (c) the quantity delivered or otherwise disposed of during the day, (d) the closing stock of the day, and (e) such other particulars as the licensing authority may, by order in writing, specify.";