Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 25.2.1987 passed by Judge, Special Court (E.C. Act), Midnapore in D.E.B.G.R. No.68 of 1983 convicting the appellant for commission of offence punishable under Section 7(1)(1)(ii) of the Essential Commodities Act, 1955 for violation of the provisions of Paragraph-3(2) of the West Bengal Declaration of Stocks and Prices of the Essential Commodities Order, 1977 (hereinafter referred to as the Order of 1977) and sentencing him to suffer rigorous imprisonment for four months and to pay fine of Rs.1,000/-, in default to suffer further rigorous imprisonment for one month.
(2.) Prosecution case, as alleged, against the appellant is that on 9.10.1983 between 2.00 p.m. and 3.00 p.m. S.I. A.K. Chatterjee (P.W.1), Inspector or Police, D.E.B., Midnapore along with others inspected the shop and godown of the appellant named and styled as 'Guru Stores' situated at Plot No.36 in MouzaHamirpur under P.S.-Debra, in presence of witnesses as well as the appellant himself. One rapeseed oil tin of 15.5. kg., bearing STC mark and other items including stock rate board were seized during inspection and verification of physical stock with the stock described in the stock-cum-rate board disclosed the following discrepancies:- (1) 294 kg. shortage in refined rapeseed oil; (2) 690 kg. excess in mustard oil; (3) 105 kg. excess in sugar; (4) 720 kg. shortage of gram dal; (5) 490 kg. excess in moong dal; (6) 950 kg. excess in masoor dal; and (7) 1110 kg. shortage in matar dal.
(3.) The appellant was unable to explain the aforesaid discrepancies and appeared to have violated the provisions of Paragraph-3(2) of the Order of 1977 and Paragraph-12(c) of West Bengal Pulses Edible Oil Seeds and Edible Oil (Dealers' Licensing) Order, 1978 (hereinafter referred to as the Order of 1978). It was further alleged that one tin of sealed STC (GMFC) of 15 kg. was found from the shop of the appellant who was unable to produce any cash or credit memo of purchase of STC marked refined rapeseed oil which is only supplied to ration card dealers, hence, the appellant was also alleged to have violated the provisions of Paragraph-12(b) and 13(1)((b) of the Order of 1978. It was also alleged that 23.84 quintals in 149 tins of mustard oil, 67.60 quintals of pulses of different varieties were seized from two separate godowns situated at Belichak Station Bazar, which were not endorsed in the wholesale licence of the appellant. On such accusations, First Information Report was registered at Debra police station being Debra P.S. Case No.10 dated 9.10.1983 under Section 7(1)(1)(ii) of the Essential Commodities Act and in conclusion of investigation, charge-sheet was filed against the appellant for commission of offence punishable under Section 7(1)(1)(ii) of the Essential Commodities Act, 1955, for violation of the provisions of Paragraph-3(2) of the Order of 1977 and Paragraph-12(b), 12(c) and 13(1)(b) of the Order of 1978. The substance of accusation was read out to the appellant who pleaded not guilty and claimed to be tried. In order to prove its case, the prosecution has examined seven witnesses and exhibited number of documents. The appellant, however, did not examine any witness to probabilise his defence. In conclusion of trial, the trial Court by judgment and order dated 25.2.1987 held the appellant guilty for commission of offence punishable under Section 7(1)(1)(ii) of the Essential Commodities Act, 1955 for violation of the provisions of Paragraph-3(2) of the Order of 1977. However, the appellant was found not guilty for violation of Paragraph-12(b), 12(c) and 13(1)(b) of the Order of 1978, as there was no embargo in procuring STC marked refined rapeseed oil at the time of inspection and no evidence was adduced that he had stored the seized articles in two separate godowns.;