BIRENDRA PRASAD SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred against judgment and order dtd. 12/4/1990 passed by Sri S. Raha the Learned Judge, Special Court (E.C. Act), Alipore, South 24 Parganas in Special Case No. 7 (7) 87 convicting thereby the appellant under Sec. 7(1)(a)(ii) of the Essential Commodities, 1955 for violation of para 3 of the West Bengal Sugar Dealer Licensing Order, 1980 and sentencing him to suffer imprisonment for three (3) months and to pay fine of Rupees Five Hundred and in default to suffer imprisonment for a month and further directed that the articles seized be confiscated to the State.

(2.) The prosecution case is that on 7/7/1987 the grocery shop of the accused Jagannath Shaw was inspected by the D.E.B. staff in order to work out a source information. At that time accused Jagannath Shaw was not present but his son appellant/accused Birendra Prasad Shaw was in charge of the shop. On inspection 10 quintals 73 kgs of sugar in 13 bags were found in the shop for which no license or authority or document could be produced by the accused Birendra Prasad Shaw. The stock and rate board was also found blank in respect of stock and rate. Accordingly charge u/s 7(1)(a)(ii) of Act X/55 for violating paragraph 3 of West Bengal Sugar Dealer Licensing Order, 1980 and para 3(2) of West Bengal Declaration of Stock and Prices of Essential Commodities Order, 1977 was leveled against the accused persons who pleaded not guilty.

(3.) The prosecution examined seven witnesses.