AKBAR SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -This appeal is at the instance of a convict and is directed against a judgment and order of conviction passed by Sri P.K. Mitra, learned Judge, Special Court under E.C. Act, South 24 Parganas at Alipore on 3.1.87. Sri J. Nandi, S.I., D.E.B. along with his party held a raid at Mitraganj Bazar with the Joynagar P.S. and visited the sugar shop of the accused (hereinafter referred to as the appellant) and found bags of sugar in the said sugar shop. On physical verification it was found that 24 plastic bags of sugar containing 30 Kgs. each marked as 'Korean Refined Sugar' and also some loose quantity of sugar. The appellant could not account for such. Hence the stock of sugar was seized under a Seizure List in presence of witnesses and the complainant that is S.I. Sri J. Nandi filed a formal complaint and thus Joynagar P.S. Case No. 4(1) 1987 commenced. The complainant that is who lodged the FIR conducted the investigation of the case himself and submitted a charge-sheet against the appellant under section 7(1)A 2 of the Essential Commodities Act for having violated the provisions of para 3(a) of West Bengal Sugar Dealers' Licensing Order, 1980. This appeal is at the instance of a convict and is directed against a judgment and order of conviction passed by Sri P.K. Mitra, learned Judge, Special Court under E.C. Act, South 24 Parganas at Alipore on 3.1.87. Sri J. Nandi, S.I., D.E.B. along with his party held a raid at Mitraganj Bazar with the Joynagar P.S. and visited the sugar shop of the accused (hereinafter referred to as the appellant) and found bags of sugar in the said sugar shop. On physical verification it was found that 24 plastic bags of sugar containing 30 Kgs. each marked as 'Korean Refined Sugar' and also some loose quantity of sugar. The appellant could not account for such. Hence the stock of sugar was seized under a Seizure List in presence of witnesses and the complainant that is S.I. Sri J. Nandi filed a formal complaint and thus Joynagar P.S. Case No. 4(1) 1987 commenced. The complainant that is who lodged the FIR conducted the investigation of the case himself and submitted a charge-sheet against the appellant under section 7(1)A 2 of the Essential Commodities Act for having violated the provisions of para 3(a) of West Bengal Sugar Dealers' Licensing Order, 1980.

(2.) The case came up for hearing before the learned Special Judge under E.C. Act on the aforesaid charge. The prosecution examined 7 witnesses in all besides producing some documents. The defence adduced only one witness and at the conclusion of the trial, the learned Judge found the appellant guilty and convicted and sentenced him to suffer R.I. for 4 months and to pay a fine of Rs. 1000/- in default to suffer R.I. for 15 days more.

(3.) On being aggrieved by such order of conviction and sentence, the instant appeal has been filed. Hence the hearing.