TAPAN KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal has been preferred against the judgment and order dtd. 27/9/1988 passed by the Ld. Judge, Special Court (E.C. Act) Tamluk, Midnapore in T.R. No. 15 of 1987 (E.G.R.10/87 arising out of Sutahata P.S. Case No. 2 (6) 87) convicting the appellant under Sec. 7(1)(a)(ii) of the Essential Commodities Act for contravention of the provision of para 5 (2) of the West Bengal Licensing of Dealers of Cement and Distribution of Levy Cement Order, 1982 and sentencing him to suffer rigorous imprisonment for one month and to pay a fine of Rs.500.00 in default to suffer rigorous imprisonment for one month more.

(2.) Prosecution case against the appellant is as follows:-

(3.) The appellant is a licensed non-levy cement dealer of Rajarampur, P.S. Sutahata. On 5/6/1987 at about 5 P.M. in the afternoon, PW 1 and members of his group visited and inspected the cement godown of the appellant, Tapan Kumar Das at Rajarampur, P.S. Sutahata and found 281 bags of cement in stock. A stock register (Exhibit 2), a sale register (Exhibit 3), printed cash memo book (Exhibit 4) and a challan (Exhibit 8) were produced by the appellant. It appears from the Challan (Exhibit 8), that on 30/5/1987, the appellant received and stored 240 bags of non-levy cement from Durgapur Cement works, Durgapur-3. The appellant allegedly maintained the stock register upon 31/5/1987, sale register upto 26/5/1987 and did not make any entry of the receipt of 240 bags of cement from Durgapur works in his stock- register nor informed about the arrival of the said stock of cement to the licensing authority. As such the accused was prosecuted for two offences each under Sec. 7 (1) (a) (ii) of the Essential Commodities Act for contravention of the provisions of para 5(1) and 5(2) of the West Bengal Licensing of Dealers of Cement and Distribution of Levy Cement Order, 1982.