D.P. Sircar, J. - (1.) This is an appeal challenging the order of conviction passed by learned Judge, Special Court (E.C. Act), Hooghly under Section 7(1)(a)(ii) of E.C. Act in Special Case No. 37 of 1985 of that Court.
(2.) A charge sheet was filed against the Appellant alleging that on March 25, 1985 at about 8.30 hours the complainant police officer and his team found the Appellant running a coal depot at the western side of a hotel by Delhi Road, recovered 450 kgs. of soft coal, balance and weights and other weighing equipments from his possession. But as he did not display any stock and price board for soft coal and thereby violated page 3(2) of West Bengal Declaration and Stock and Prices of Essential Commodities Order, 1977, thereby he committed offence under Section 7(1)(a)(ii) of Act, (10 of 1955). But the accused was examined under Section 251 Code of Criminal Procedure alleging offence for contravention of para. 4 of West Bengal Soft Coke Licencing Order, 1965, which constituted an offence under Section 7(1)(a)(ii) of the said Act. The accused Appellant pleaded not guilty.
(3.) The prosecution examined six witnesses including the I.O. The accused did not examine any.;