NEMAI CHANDRA MAJUMDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been filed by the convict appellant under section 374 (2) of the Code of Criminal Procedure assailing the judgment and order dated 15.05.1984 passed by Learned Judge, Special Court (Essential Commodities Act), Nadia, Krishnanagar in E.C. Case No. 10 of 1984, wherein the appellant was convicted for the offence under section 7(1)(a)(i) of the Essential Commodities Act and sentenced to rigorous imprisonment for 10 days and to pay a fine of Rs. 500/-, in default, to suffer rigorous imprisonment for 15 days and forfeiture of the grocery articles seized from the petitioner "™s shop.

(2.) The fact of the case in brief is that on 06.02.1984 one Harendra Kumar Bose, DEO, Karimpur accompanied by police held a raid and search of the grocery shop of the appellant at Debnathpur, P.S. Tehatta, District- Nadia and seized 560 kgs. of salt, 40 kgs. of flour, 40 kgs. of atta, 15 kgs. of mung dal, 15 kgs. of mustard oil. The Search and seizure was conducted without disclosing any reason to the appellant. Police Officer also arrested the petitioner.

(3.) A complaint was lodged by Harendra Kumar Bose/D.E.O against the appellant, alleging that the accused did not display the stock-cum-price list Board, in the shop as required under para 3(1) of West Bengal Declaration of stocks and prices of Essential Commodities Order, 1977. He could neither produce any stock and sale register nor any document relating to purchase and sale of grocery. After investigation police submitted a Charge Sheet against the accused appellant under section 7 (1) of Essential Commodities Act for violation of WBDSP Essential Commodities Order, 1977. The appellant was examined under section 251 of Cr. P.C. to the effect that on 06.02.1984 when the search party entered into his shop, he did not maintain stock register, sale register and stock-cum-price board. The accused/ appellant pleaded not guilty. A summary proceeding was carried out against the accused for violation of section 3(2)(i) of Essential Commodities Act and thereby committing an offence under section 7(1)(a)(i) of Essential Commodities Act. Prosecution examined Sudhir Biswas as PW-1, Anil Kirtania as PW-2, Ajit Kumar Mondal as PW-3, Saidullah Sheikh as PW-4, Kanti Bhusan Nath as PW-5, H.K. Bose, the de facto complainant as PW-6 Mr. Dulal Chatterjee, SI of Police DEB (IO) as PW-7. Documents were produced as Exhibits. The accused person was examined under section 313 of Cr. P.C. He admitted that on 06.02.1983, H.K Bose, inspected his grocery shop at Debmathpur in presence of other witnesses. He also admitted that in the shop rice, atta, flour, salt and different variety of dal, soap, mustard oil, rapeseed oil and coconut oil were stored for sale. The accused however claimed that there was a stock Board but had no licence for selling of rice as he did not sell rice. No defense witness was examine.