LAKSHMI KANTA KUILA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been directed against an order of conviction passed by the learned Special Judge under E.C. Act, Tamluk, Medinipur. On 24/6/1988 in T.R. No. 1 of 1987 thereby sentenced the present appellant to suffer Rigorous imprisonment for 1 (one) month and fine of Rs.500.00 in default to rigorous imprisonment for another month under Sec. 7(1)a(ii) of the Essential Commodities Act., for the violation of paragraph 3(b)ii of the West Bengal Rice & Paddy (Licensing & Control Order), 1967 and para 3A of West Bengal Rice & Paddy (Storage by Consumers) Order, 1967. The brief facts of the case is that on 22/10/1986 at 9-35 A.M. a team of Police Officers led by P.W. 1 and other PWs arrived at the Panskura Railway Station and for anti-smuggling raid for rice. At that relevant time ,P-38 Down Panskura-Howrah Local was standing by the side of platform No. 4 when they found that the present appellant was boarding a Second Class compartment of the said train with a gunny bag of rice on his head while 3 (three) other bags of rice were tagged at the platform No. 4. The appellant was apprehended by the police personnel, an query he could not produce any document for possession of the rice, which was weighed and found to be 2.80 quintals, the same was seized under a proper seizure and the appellant was arrested.

(2.) Thereafter, P.W. 1 lodged the written complaint before the Panskura G.R.P.S. and under the direction of the O.C., Panskura G.R.P.S. Case, the case was initiated.

(3.) The appellant was forwarded to the learned Special Court. The investigation of the police ended in charge-sheet under Sec. 7(1)a(ii) of the Essential Commodities Act and the appellant was sentup for trial. During the course of the trial the prosecution has examined 4 (four) witnesses; all of whom were police witnesses and members of the raiding team. After recording the evidences and after hearing the parties the learned Special Judge has recorded the conviction after finding the appellant to be guilty for the offences punishable under Sec. 7(1)a(ii) of the Essential Commodities Act. Hence, this appeal.