HARIDHAN PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appeal is directed against the judgement and order dated 31st December, 1990 passed by the learned Special Court, E.C. Act, Hooghly convicting the appellant for commission of offence punishable under section 7(1)(a)(ii) of the Essential Commodities Act, 1955 and sentencing him to suffer rigorous imprisonment for three years and to pay fine of Rs. 5,000/ -, in default, to suffer rigorous imprisonment for another one month.

(2.) THE prosecution case, as alleged, against the appellant is that he has a grocery shop at village Basai, P.S. Dankuni. On 24.06.1989 P.W. 1 accompanied by P.W. 2 and 3 visited the grocery shop and found that the appellant was dealing in wheat, rice, atta and other grocery articles. P.W. 1 asked him to produce relevant papers like stock register, sale register, stock board after service of notice. It is alleged that the appellant failed to produce such registers exceptone trade licence relating to the shop. On search of the shop in presence of the witnesses 21 bags of wheat each containing 100 kgs., 1 bag of atta weighing 30 kgs. and 3 bags of rice each containing 80 kgs. were recovered. Articles were seized under the seizure list after preparation of a weightment chart. The accused was arrested and taken to Dankuni police station where a written complaint was lodged resulting in registration of Dankuni P.S. Case No. 58 dated 24.06.1989 under section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for violation of paragraph 3(2) of the West Bengal Declaration of Stock and Price of Essential Commodities Order, 1977.

(3.) IN course of trial, prosecution examined as many as five witnesses. The defence of the appellant was one of innocence and false implication. He examined his father as D.W.1 and produced stock -cum -rate board.