RAJ KUMAR AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been preferred against the order of conviction passed by Learned Judge, Special Court, (EC Act) Hooghly on 9th day of January 1987 in special case no. 158 of 1985 u/s 7(1) a (ii) of the Essential Commodities Act for alleged contravention of the Para 3(2) of the West Bengal Declaration of Stock and Prices of Essential Commodities Order 1977 and sentence the appellant to suffer rigorous imprisonment for a period of 6 months and also to pay a fine of Rs.2000.00 in default to suffer further rigorous imprisonment for one month.

(2.) The brief fact of the prosecution case is that on the basis of source information P.W. 1, District Enforcement Officer along with some force visited and conducted raid at the Mill of the present appellant under the name and style of Paul Pure Oil Mill on 5/7/1985.

(3.) Learned Advocate for the appellant submitted before this court that the impugned order of conviction and sentence passed by the Learned Special Judge is illegal and improper. The Learned Special Judge has failed to appreciate the facts and circumstances of this case and came to an erroneous finding. Learned Special Judge, should have held that the stock board usually maintained at the end of the business but as the raid was conducted during the business hours the stock was not appeared correctly.