NAKUL CHANDRA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Nobody appears for the appellant. Mr. Pratik Bhattacharyya is requested to appear as amicus curiae to assist the Court. The appeal is directed against the judgment and order dated 1st December, 1983 passed by the learned Judge, Special Court at Nadia in E.C. case no. 31 of 1983 convicting the appellant for commission of offence punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 and sentencing him to rigorous imprisonment for 10 days and fine of Rs.400/- in default, to suffer further rigorous imprisonment for 15 days more with further direction that the seized rice be confiscated to the State.

(2.) The prosecution case as alleged against the appellant is that on 24th May, 1983 at 5.30 p.m. two police officers attached to Kotwali police station on the basis of secret information conducted a search at the shop of the appellant where he was found selling rice without having any stock register, sale register, valid licence, stock cum price board and cash memo book. Accordingly, they seized 1.40 qt of atap rice and 4.50 qt of boiled rice under seizure list in presence of witnesses. On the basis of written complaint, P.W. 1 A. K. Ghosh, sub inspector of police attached to Kotwali police station, Kotwali Police Station case no. 60 dated 24th May, 1983 under Section 7(1)(a)(ii) of the Essential Commodities Act read with Section 18 of the Essential Commodities (Special Provision) Act was registered. In conclusion of investigation, charge sheet was filed against the appellant for violating paragraph 3 and paragraph 18 of the West Bengal Rice and Paddy (Licensing and Control) Order,1967 (Order of 1967) and Paragraph 3(2) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 (hereinafter referred to as the order of 1977).

(3.) Substance of accusation was read over and explained to the appellant. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined as many as six witnesses and exhibited a number of documents. Two defence witnesses were examined. It was the specific defence of the appellant that he had requisite licence which was deposited with the office of the Sub-divisional Controller for renewal. It was also the specific defence of the appellant that the stock cum rate board was displayed in the shop and the stock register and cash memos were available in the shop but was not seized by the Investigating Agency. The defence produced stock and rate board and requisite registers in course of trial. In conclusion of trial, the trial Court by judgment and order dated 1st December, 1983 convicted the appellant for commission of offence punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 and sentenced him to rigorous imprisonment for 10 days and fine of Rs,.400/- in default, to suffer further rigorous imprisonment for 15 days more with further direction that the seized rice be confiscated to the State.