ASHOKE KUMAR SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dtd. 11/1/1989 passed by Judge, Special Court, Essential Commodities Act Calcutta in connection with GR Case No. 1666 of 1985 u/s 7(1)(a)(ii) of the Essential Commodities Act, having reference case no. 473 dtd. 23/07/1985 hereby convicted the present appellant u/s 7(1)(a)(ii) of the Essential Commodities Act, sentencing them to suffer rigorous imprisonment for 3 months each to pay a fine of Rs.500.00 each in default to suffer rigorous imprisonment for 15 years each.

(2.) In a nutshell the prosecution case is that a raid was conducted in the shop of the appellant under name and style M/S Menaka Stores situated at 87, Old China Bazar Street (Room No. 90 and 91) when the appellant no. 1 was found to be person in charge of the shop. The shop was found to have stored exercise books of different size without displaying the stocks and prices of these articles in the rate- cum- stock- board and as such there was violation of the provision of para 3 of the West Bengal Declaration of Stock and Price List of E.C. Order-1977. The exercise books were seized under a proper seizure list in present of the witness and FIR was lodged at the police station. Police took up the investigation and during investigation it appears that the appellant no. 2 Manilal Pal is the owner of the shop. After completion of investigation the final report was submitted. The appellants were sent up for trial. During trial, 4 witnesses were examined as PWs and one witness was examined as DW. After completion of the trial the accused persons were examined u/s 313 Cr.P.C. Learned Special Judge, after hearing the public Prosecutor as well as the defence passed the impugned order of conviction and sentenced against the present appellants.

(3.) Hence this appeal.