Ashim Kumar Roy, J. - (1.) This criminal appeal is directed against an order of conviction under Section 7 (1)(a)(ii) of the Essential Commodities Act for alleged violation of provisions of Paragraph 3 (2) of the West Bengal Stocks and Prices of essential Commodities Order, 1977 and Paragraph 3 (1) of the Wheat and Wheat Products (Licensing, Control and Prohibition of Certain Classes of Commercial Transactions) Order, 1973 and sentence of rigorous imprisonment for three months and fine of Rs. 1,000/- with default clause.
(2.) It appears from the examination of the appellant under Section 251 of the Code of Criminal Procedure, the case against him is as follows; "On July 3, 1984 at about 9.30 a.m. in the morning a raid was conducted by the officers of the District Enforcement Branch at the shop of the appellant situated at Kolaghat Nutan Bazar, when it was found he had in his possession 56 quintals of wheat in 56 gunny bags in a room adjoining to the west of his Ata Chaki Shop and also six quintals of wheat in 10 bags at Ata Chaki Ghar, which he stored without any license or authority in contravention of the provisions of paragraph 3 (2)(ii) of the West Bengal Wheat and Wheat Products (Licensing, Control and Prohibition of Certain Classes of Commercial Transactions) Order, 1973 and the appellant also did not display the Stock and Price Board showing the stock and price of the said essential commodities he possessed in contravention of provisions of Paragraph 3 (2) of the West Bengal Declaration of Stock and Prices of the Essential Commodities Order, 1977." It is the defence case that the appellant never dealt in wheat or wheat products but at his Ata Chaki Shop he used to grind wheat against the necessary charges and possession of total 62 quintals of wheat has been denied.
(3.) Heard Ms. Sreyashee Biswas, the learned Counsel appearing on behalf of the petitioner as well as Mr. Swapan Kumar Mallick, the learned advocate appearing on behalf of the State. Perused the impugned Judgement, the deposition of the witnesses as well as other materials on record.;