GIRISH CHANDRA NANDY Vs. STATE

JUDGEMENT

(1.) The petitioner Girish Chandra Nandy has been convicted under section 7(2)(3) of the Essential Supplies Act, 1946, read with clause 10(2) of the Calcutta Industrial Area Rationing Regulations, 1943. The charge against him was that he had obtained "rationed articles by the use of ration cards in his own name and the name of his minor son Ranjit Nandy, aged 14, up to 9-5-51, although both were living in a residential Establishment, namely. East Bengal Santi Niketan and dining in the said Establishment". It will be noticed that the charge comprised both residing in the residential establishment and dining there.

(2.) The prosecution case, in brief was that on the 12th May, 1951, on a search being made of the premises of the East Bengal Santi Niketan of which the petitioner was the owner four ration cards were recovered from his possession. The prosecution case further was that the petitioner had drawn rations on two of those cards, one standing in his own name and the other standing in the name of his minor son, Ranajit Nandy and that by doing so, he had contravened clause 10(2) of the Industrial Area Rationing Regulations. No question arises in this case with regard to the other two ration cards which may be left out of account.

(3.) The defence of the petitioner was that although he was the owner of the residential establishment concerned, he did not take his meals as a member of that establishment but had his meals cooked separately The contention which he intended to put forward by that defence obviously was that his own establishment was a separate and a private establishment which had no connection with the boarding arrangements for the residential establishment and consequently, he was entitled to draw rations for himself and members of his family on cards standing in their own names.