KANAILAL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is made against an order and judgment dated 30-9-88 passed by Sri A. K. Chatterjee, the learned Judge, Special Court (E. C. Act), Midnapore convicting the appellant under Section 7(l)(a)(ii) of the Essential Commodities Act, 1955 and sentencing him to R. I. for six months and to pay a fine of Rs. 1000/- in default, further S. I. for one month in D.E.B.G.R. Case No. 18 of 1984 arising out of Binpur Police Station No. 3 dated 7-7-84 for violation of Paras 3 and 12 of Wheat and Wheat Products (Licensing Control and Prohibition of Certain Classes of Commercial Transaction) Order, 1973.

(2.) The case of the prosecution, briefly stated, is this. The complainant of this case Sri M. K. Barman, Inspector of Police, D.E.B., Midnapore on 7-7-84 made a complaint, which was treated as F.I.R. to the O. C., Binpur Police Station Dist. Midnapore. Acting on a secret information, the said inspector along with his staff made a surprise raid on the godown of Kanailal Das, the accused-appellant at 9.00 in the morning and they conducted a search and seizure over there from 9.00 a.m. to 11.00 a.m. During inspection the complainant found one Stock- cum-Rate Board displayed at the place of business. In the Board the names of articles were mentioned. But neither the stock nor the rate of the essential commodities were mentioned in that Board. On a search the complainant and the witnesses found 56 quintals of wheat in 56 bags in that godown. The accused could not produce licence for dealing in wheat. Further, the complainant found 600 kgs of Musur Pulses, 200 Kgs of Khesari Pulses and 345 kgs of Mustard Oil in that godown. On demand the accused could not produce the books of accounts for dealing with those articles. Accordingly, the complainant seized those articles including the wheat and submitted the complaint (F.I.R.) against the accused, Kanailal for having committed offence punishable under Section 7(l)(a)(ii) of the Act X of 1955 for violating the provisions of para 3 and para 12 of West Bengal Wheat and Wheat Products (Licensing, Control and Prohibition of Certain Classes of Commercial Transaction) Order, 1973 and para 3 of West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977.

(3.) Charge has been submitted against this accused with the allegations that the accused has committed offence punishable under Section 7(l)(a)(ii) of Act 10 of 1955 for violating the provisions of paras 3 and 12 of West Bengal Wheat and Wheat Products (Licensing, Control and Prohibition of Certain Classes of Commercial Transaction) Order, 1973 and para 3(2) of West Bengal Declaration of Stock and Prices of Essential Commodities Order, 1977 and para 12 of West Bengal Pulses, Edible Oil Seeds and Edible Oils Order, 1978.