SHEW RANJAN PROSAD SHAW Vs. STATE

JUDGEMENT

(1.) THE short question of law that falls for determination in this Rule is whether the petitioner is a dealer within the meaning of paragraph 2(a) of the West Bengal Declaration of Stock and Price of Essential Commodities Order, 1971 (hereinafter deferred to as the Order). The question arises in this way.

(2.) ON May 25, 1973 some officers of the District Enforcement Branch raided the go down of the petitioner and found a stock of 20 quintals of pulses (Maskalai) in 20 gunny bags but no list indicating the opening stock of such commodity and retail selling price thereof was displayed as required under paragraph 3 of the Order. The petitioner, on demand, also failed to produce books of accounts in respect of the said commodity. A prosecution was launched against him under Rule 114 of the Defence of India Rules 1971 for violating the provisions of paragraph 3 of the Order. The Judicial Magistrate, 1st Class, Cooch Behar, who tried the case, found the petitioner guilty and convicted and sentenced him to suffer rigorous imprisonment for six months. On an appeal, the Sessions Judge, Cooch Behar, maintained the conviction of the petitioner but reduced the sentence to rigorous imprisonment for one month and a fine of Rs. 200, in default to rigorous imprisonment for 15 days more. The petitioner therefore moved this Court and obtained the present Rule.

(3.) TO appreciate the contention of Mr. Nandi it would be convenient to refer to the relevant provisions of the Order. Paragraph 2(a) defines 'dealer' to mean any person carrying on business of selling of any essential commodity and includes producer, importer, wholesaler or retailer. Essential commodity has been defined in the order to mean any commodity of daily heed specified in the Schedule to the Order. Pulses were not in the original Schedule but were included by a second amendment of the Order in 1972. paragraph 3 enjoins that every dealer of essential commodities shall display prominently in the shops of show rooms a list indicating the opening stock of essential commodities and retail selling prices thereof each day and indicate on each unit of item of the said commodities the sale price by having the sale price either printed on the commodity or on the container or packet thereof or by means of rubber stamp or by sticking a label on such commodity. The question whether shop or show room includes a godown need not detain us as both the Courts below, on whom rested the duty of investigating into the facts, found on consideration of the evidence and the materials on record, that the pulses were stored in the shop room of the petitioner and for our present purposes we accept that concurrent finding. The controversy therefore is confined to the question whether find of 20 quintals of pulses in the shop would justify an inference that the petitioner was carrying on business in pulses so as to make him a dealer within the meaning of paragraph 2(a) of the Order.