Monoranjan Mallick, J. - (1.) This revision is directed against the Order dated 3.5.86 passed by the learned Judicial Magistrate, 7th Court, Alipore, 24-Parganas by which the learned Magistrate has dismissed the present accused petitioner's application prayer for discharge from the Criminal Case no. D.E.B.G.R 421(4) 74 T R 350/84 under section 7 of the Essential Commodities Act (Act X of 1955).
(2.) The petitioner submits that the genesis of the case lies in a complaint made by Sri Satya Bhusan Roy, B.D.O., Sonarpur dated 30.6.74 alleging that on 27.11.73 the compliant caused publication of the Levy Roll in terms of paragraph 4 of West Bengal Food Grain Procurement (Levy) Older, 1973 and in the said Levy Roll the name of the petitioner was published, that the present petitioner along with others in the said Levy Roll were directed to sell the respective quantity of paddy to the D.P. Agent as indicated in the said Levy Roll within 15.1.74 and it was also directed that the producers could make representations before the complaint before 12.12.73. It was further alleged that the petitioner was assessed 32 quintals and 62 kgs of paddy as levy but the petitioner did not submit any representation against the said Levy Roll. It is further alleged that a notice in Form II under sub paragraph 5 of paragraph 4 of the said Levy Order was issued under Office memo no. 2584 dated 27.12.73. In the petitioner's name at Village Baishnabghata P.O. Naktola, P.S. Sonarpur, Calcutta 47, District 24-Puraganas although petitioner's said house was number 396/1, Netaji Subhas Chandra Bose Road, directing him to sell the assessed levy paddy to the local D.P. Agent on or before 15.1.1974. The petitioner submits that no such order was served on him. It is also submitted that the said order was alleged to have been communicated to the present petitioner under certificate of posting. As the present petitioner failed and neglected to sell the assessed levy paddy, the prosecution has been launched as against the petitioner for violating the provisions of West Bengal Food Grains Procurement (Levy) Order, 1973. But when no order was communicated no prosecution would lie.
(3.) It is further submitted that the Investigating Officer submitted his report on 27.9.74 and the same was placed before the learned S.D.J.M on 12.8.1976. But thereafter the matter is pending for trial for so many years. It is also submitted that the permanent address of the petitioner is at 8/44A, Fern Road, P.S. Garlahat, Calcutta 19 and such address is known and recorded in the office of the Block Development Officer and other Authorities as the petitioner is usually served with notice for payment of water tax and other incidental matters. In his fishery business and that he was never served with any notice in terms of sub paragraph (5) of paragraph 4 of the Levy Order. The petitioner, on or about 17th January 1984 for the first time was informed through a messenger of the Police at his residence at Fern Road to meet the Officer in charge, Jadavpur P.S. It is also submitted that in terms of sub-section (5) of section 3 of the Essential Commodities Act 1955 the manner of service of an order directed to an Individual shall have to be served on such Individual. (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicious part of the premises in which that Individual lives, and a written report thereof shall be prepared and witnessed by the persons living in the neighbourhood.;