OM PRAKASH MODI Vs. STATE

JUDGEMENT

(1.) The judgment of the Court was as follows : This appeal by the appellant is directed against the judgment and order of conviction and sentence passed by the learned Judge, Special Court, Asansol on 23.11.87 in T. R. No. 8 of 1987 corresponding to D.E.B.G.R. Case No.84 of 1985. By the impugned judgment and order the learned Trial Judge found the accused guilty of the offence punishable under Section 7(1) (a) (ii) of the E.C.Act, convicted him thereunder the sentenced him to suffer rigorous imprisonment for three months and also sentenced him to pay fine of Rs. 1,000/- in default to undergo further rigorous imprisonment for fifteen days.

(2.) As per the prosecution case on 18.11.85 on source information the complainant S. I. Benoyananda Chakrabort, D.E.O., Raniganj with D.E.B. forces of Raniganj visited the shop and godown of the accused Om Prakash Modi styled as Mis. Muralidhar Mohanlal at 10 A.M. On checking in the godown the total stock of 444 bags containing 444 qntls. of wheat had been found in actual stock there but on verification of the stock register and the stock cum price board produced by the accused on notice opening balance was found to be written as 423 bags of wheat weighing 423 qntls. 21 bags of wheat which had been found to be stored there in excess of the stock shown in the document had not been accounted for. On demand the accused failed to produce any document for the said 21 bags of excess wheat nor could he give any satisfactory explanation for possession of the said excess stock of wheat. The accused was found to have contravened the provision of Paragraph 12 of the West Bengal Wheat and wheat Products (Licensing, Control and Prohibition of Certain Classes of Commercial Transactions) Orders, 1973 and the D. E. O. seized the total 444 bags of wheat and the stock cum price board in presence of the witnesses. Thereupon being empowered the informant D.E.O. investigated the case and submitted charge-sheet against the accused.

(3.) The accused pleaded not guilty to the accusation/The summary trial was held. On conclusion of the trial the learned Trial Judge found the accused guilty of the offence punishable under Section 7(1) (a) (ii) of the E.C.Act (as amended) and convicted and sentenced him in the manner indicated above.