NABIN CHANDRA PRODHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been preferred against an order of conviction and sentenced dtd. 17/8/1989 passed by Learned Special Judge, (EC Act) Midnapur, in DEBGR 17/84 convicting the present appellants u/s 7(1) (a) (i) of the Essential Commodities Act sentencing them to suffer simple imprisonment for three months and to pay a fine of Rs.500.00 each in default for simple imprisonment for further one month for the alleged violation of para 3(2) and (3) of West Bengal Declaration of Stocks and Prices of Essential Commodities Order 1977.

(2.) The brief fact of the prosecution case is that on June 20th 1984, the complainant DEB officer on the basis of same source of information held raid with police party in the Godown of M/S of Vivekananda Enterprise MR distributor from 17:00 Hrs to 21:00 Hrs. During the raid of the partners of the aforesaid farms were absent but one employee viz Jitendra Nath Jana was present. During search it appears that the Stock Cum Rate Board was found not properly maintained in respect of Stocks of Essential Commodities such as sugar, wheat, NBSF raw rice, boil rice e.tc. On demand the said Jitendra Nath Jana could not produce any satisfactory reply and document thus it appears to the complainant that the firm as well as the partners of the farm has violated the provision of para 3 of West Bengal Declaration of Stocks and Prices of Essential Commodities Order 1977. Accordingly, the police case was started and after completion of investigation police submitted charge sheet against all the accused persons. During 'plea' the accused persons pleaded not guilty and sent up for trial. During trial 9 witnesses were examined on behalf of the prosecution but the defence produced no witness. After hearing Learned Public Prosecutor and the defence Learned Special Judge, has passed the impugned order. By passing the impugned order Learned Special Judge find the present appellants to be guilty for the offence punishable u/s 7(1) (a) (i) of the Essential Commodities Act.

(3.) Hence this appeal.