RANJIT KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) P.K. Sen, J.-This appeal is at the instance of a convict and is directed against a judgment and order of conviction passed by Sri. A.K. Chatterjee, Judge, Special Court, Midnapore. This appeal is at the instance of a convict and is directed against a judgment and order of conviction passed by Sri. A.K. Chatterjee, Judge, Special Court, Midnapore.

(2.) The facts leading to the prosecution of this convicts (hereinafter referred to as the appellants) are that on 28.8.86, the complainant and his raiding party had been to the shop of the appellant and conducted a raid in between 11.30 hrs. and 13 hrs. At that time, the appellant was not present while his brother Amiya was then running the sale transaction of the said shop. During Checking, 18 bag of Til containing 61 Kgs. in each bag was found inside the shop room. On demand, the appellant could not produce any licence or document for running business in Til. Stock cum Rate Board also was not found inside the shop. Thus, FIR was lodged for violation of provisions of Para 3(1) and 3 of the West Bengal Pulses edible oil seeds, edible oil (dealers licensing order) 1978. After completion of investigation, a charge-sheet was submitted under section 7(1) (a) (ii) of the Essential Commodities Act for having violated the provisions as stated above.

(3.) The appellant pleaded not guilty of the charge and this defence was that some villagers kept the seed in the shop. After completion of trial, the Judge found the appellants, guilty and convicted and sentenced him to S.I. for six months each and to pay a fine of Rs. 1000/- each in default of which to suffer S.I. for one month more. The period of detention were set off under 420 Cr.PC. There was a further order of disposal of the seized property for the period of appeal is over.