SANIULLA ANSARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against judgment and order dtd. 21/9/1989 passed by Judge Special Court (E.C. Act), Midnapore in D.E.B. G.R. Case No. 12 of 1988 convicting the accused/appellants of the offence under Sec. 7 (1) (a) (ii) of the Essential Commodities Act, 1955 for alleged violation of the provisions of Para 3(2) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 and Para 3(1) of the West Bengal Pulses Edible Oil Seeds and Edible Oils (Dealers Licencing) Order, 1978 and sentencing them to suffer R.I. for one year each and to pay a fine of Rs.1000.00 each, in default, to suffer R.I. for one month each.

(2.) The prosecution case in short is that on 30/3/1988 at 15.15 hrs. one S.K. Mukherjee, Inspector of Police (D.E.B.), Midnapore (PW 4) lodged a purported written information with the Daspur Police Station, District-Midnapore alleging, inter alia, that on 30/3/1988 at 10.00 hrs. he (PW 4) alongwith Sub-Inspector A.B.Pal of D.E.B., Ghatal (PW 7) and constable Ahibhusan Singha Mahapatra (PW 3) went to the shop-cum-godown of the accused/appellants at Lankagarh Bazar within Daspur P.S. and found both the accused/appellants present there and also found pulses and other articles in that Shop-cum-Godown and also found them running business in pulses and attending customers. The informant thereafter disclosed his identity and served a notice on the accused/appellant no. 1 asking him to produce all the records in respect of his business of pulses but he failed to produce any licence or document in respect of the business of Khesari pulses. He also failed to produce any Stock-cum-Rate Board nor the same was found displayed in the said Shop-cum-Godown. Thereafter the informant (PW 4) seized 69 bags of Khesari pulses after weighing the same in presence of witnesses, namely, Susanta Sasmal (PW 1) and Sankar Prasad Roy (PW 2) under a seizure list and kept the same in the Zimma of Susanta Sasmal (PW 1). The informant accordingly alleged that both the accused/appellants have violated the provisions of para 3(1) (2) (3) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 and para 3(1) of the West Bengal Pulses Edible Oil Seeds and Edible Oils (Dealers Licencing) Order, 1978 for which they are liable to be prosecuted under Sec. 7(1) (a) (ii) of the Essential Commodities Act, 1955.

(3.) That on receipt of the said written complaint from the Inspector S.K. Mukherjee of D.E.B., Midnapore (PW 4), Sub-Inspector S. Pal of Daspur Police Station started a case being Daspur P.S. Case No. 13 dtd. 30/3/1988 under Sec. 7(1) (a) (ii) of the Essential Commodities Act, 1955 against the accused/appellants.