HARISHIKESH MAITY Vs. STATE

JUDGEMENT

(1.) In this revisional application petitioner prays for quashing of the proceeding being E. C. Case No. 3/91 (pending in the court of the learned Judge, Special Court, Contai), arising out of Patashpur P. S. Case No. 74/91 dated 13.8.91 under section 7(1)(a)(i) of the Essential Commodities Act for violation of the provisions of paragraphs 3(1)(a), 3(3) and 8A of the West Bengal Rice and Paddy (Licensing and Control) Order, 1967.

(2.) Heard the ld. Counsel for the petitioner and the ld. Additional Public Prosecutor for the State. Perused the records.

(3.) Mr. Milan Mukherjee, ld. Counsel, appearing on behalf of the petitioner submitted that the allegations against the petitioner as transpire from the complaint of Sri A. Sinha, Inspector D. E. B. Midnapore with the Officer-in- Charge, Patashpur P. S. , are that on 13.8.91 at about 15.30 hrs. , when the complainant was passing along Egra Bajkul Road, he noticed one lorry bearing No. WGB 4132 loaded with paddy in front of the shop-cum-godown of the petitioner and on enquiry the complainant came to know that one Shyamal Mitra @ Gora, hired the said lorry of which are Hrishikesh Chanda was the driver for transportation of paddy and the lorry was standing there for loading of more paddy from the godown of the petitioner. The complainant found four coolies loading the truck with paddy in gunny bags and the petitioner's son present in the godown. The driver of the lorry failed to produce any valid documents on demand in respect of 103 bags of paddy weighting 60 kgs. each on the lorry and accordingly those were seized under a proper seizure list. The complainant also seized 27 bags of paddy each bag weighing 60 kgs. from the godown of the petitioner along with one Book of Account, scale and measures and accordingly complaint was lodged as above culminating in submission of charge-sheet against the petitioner and two others for the offence punishable under section 7(l)(a)(ii) of Act X of 1995 provisions of paragraphs 3(1)(a), 3(3) (a) and 8A of the W. B. Rice & Paddy (Licensing & Control) Order, 1967.