Ramendra Nath Dutt, J. - (1.) This Rule is against an order of conviction and sentence under Sec. 7(1) of the Essential Commodities Act, 1955.
(2.) The prosecution case is as follows: The Petitioner is the proprietor of a sweetmeat shop known as Punjab Mistanna Bhandar at 114/1 Cotton Street, Calcutta. He is an 'appointed establishment proprietor' within the meaning of the West Bengal Rationing Order, 1964. Under Regulation 43(1) of the Calcutta Industrial Area Rationing Regulations, 1964, every 'appointed establishment proprietor' shall maintain regular, accurate and daily accounts of each rationed article obtained by him in Form Establishments No. 7. On October 13, 1968, at 7 -50 P.M. his account registers were verified and it was found that the stock register of flour and atta was not properly kept.
(3.) On this allegation the Petitioner was charged under Sec. 7(1) of the Essential Commodities Act for violation of Regulation 43(1) of the said Regulations. The Petitioner pleaded not guilty. The learned Magistrate convicted him and sentenced him to rigorous imprisonment for three months and a fine of Rs. 50, in default, rigorous imprisonment for 15 days more.;