HARISANKAR PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Appeal is directed against the Judgement and Order dated 28.4.88 passed by Shri A. K. Chatterjee the learned Judge, Special Court (under the, E.C. Act), Midnapore in D.E.B.G.R. Case No. 22 of 1984.

(2.) The learned Judge by his impugned Judgment and Order convicted the Accused/Appellant under Sec. 7(1)(a)(ii) of the Essential Commodities Act, 1955 (here-in-after referred to as the said Act) for violation of provisions of Paragraphs 3-A and 21 of the Fertilisers (Control), Order, 1957 (for short the said Order) and sentenced him to suffer Single Imprisonment for six months and to pay a fine of Rs. 1,000.00, in default to suffer further Simple Imprisonment for one month.

(3.) The Prosecution Case in brief was that on 13.7.84 P.W. 3 along with P.W.4 inspected the fertiliser shop of the Accused/Appellant from 10.00 a.m. to 11.30 a.m. The Accused/Appellant was not present at that time. His employee Samiruddin Khan, P.W.5 was attending to the customers at that time. The shop did not display any Stock-cum-Rate Board and P.W.5 could not produce any licence or Stock Register or Cash-memo Book when demanded by P.W.3 ; as such the articles were seized under a Seizure List (Ext. 1) and kept in the zimma of P.W.5 after executing a Zimmaname (Ext. 4) and on the basis of the Written Complaint (Ext. 3) filed by P.W.3, P.W.2 had drawn up a formal F.I.R. (Ext. 2).