RAJARSHI BHARADWAJ,J. - (1.) This appeal arose out of a judgement and order dated 30th April, 1984 passed by the learned Judge, Special Court, Burdwan in T.R. No. 4 dated 4th November, 1982 convicting the appellants under Section 7(1)(a)(ii) of the Essential Commodities Act and sentencing to suffer rigorous imprisonment for six months and to pay fine of Rs. 500/- each, in default to suffer rigorous imprisonment for a further period of three months each. The seized rice and the boat be forfeited to the State.
(2.) The prosecution case in short is that on 4th November, 1982 at about 8.45 hours the accused persons were found to carry 34 bags of boiled rice owing 2820 kgs. by a boat from Kalna Thane Ghat in the district of Nadia on the other side of the Ganges. The Police intercepted the boat and demanded the documents for carrying the said rice, but the accused persons failed to produce any documents or papers and as such the Police arrested them and seized the rice and boat. After seizing, the same was given to zimma to some other persons. Accordingly, a case, being Kalna P.S. Case no. 4 dated 4th November, 1982, was started and after investigation the Police submitted charge-sheet against the accused/appellants for violation of the provisions of paragraph 3(2)(a) of the West Bengal Rice and Paddy (Licensing and Control) Order, 1967. Accordingly, the accused/appellants faced trial and pleaded not guilty and thereafter, upon taking evidence of the prosecution witnesses and the defence witnesses, the learned Judge tried the case.
(3.) At the very outset Mr. Bidyut Kumar Halder, learned advocate appearing for the appellants submitted that Purna Mondal, being the appellant no.1 and Radha Krishna Kirtania, being the appellant no.4, have expired. As such, the appeal relating to the appellant nos. 1 and 4 stands abated.;