MRINAL KANTI BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred against the judgment and order dated 18.07.1988 passed by the Learned Judge, Special Court (E.C, Act), Nadia, in connection with E.C. Case No. 14/1988 (corresponding to T.R. No. 30/1988) wherein the Learned Trial Court was pleased to hold the appellant guilty for commission of offence punishable under Section 7 (i) (a) (ii) of the Essential Commodities Act for violating the provisions of para 3(3) of the West Bengal Pulses, Edible Oil Seeds Order, 1978 and sentenced the petitioner to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/- i.d. to suffer R.I for 3 months.

(2.) The prosecution case in brief is that on or about 20.04.1988 in between 11.30 am to 12.30 pm the complainant, D.E.O, Santipur along with other officers and witnesses inspected the godown of the appellant No.1 when it was found that the appellant No. 2 was dealing with business in the shop and on query the appellant No. 2 failed to produce any licence or permit for the business of the said articles. It has been alleged that the Chhola and Arahar in huge quantity beyond permissible limit were stored in the godown of the appellant No.1 and no stock register, sale register or cash memo book in support of the same were available or could be produced by the appellant. Further, the rate-cum-stock board was not maintained in the said shop. Accordingly, the articles found in the shop were seized under a proper seizure list and was kept in the jimma of a third person and the case was started for violation of the Government Orders.

(3.) On completion of investigation, Police Authority filed a report under Section 173 of the Code of Criminal Procedure. The Learned Special Court after taking cognizance of the offence was pleased to examine appellants under Section 251 of the Code of Criminal Procedure to which they pleaded not guilty and claimed to be tried.