PRAVAT KUMAR MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction dated 05.02.1986 passed by the Learned Judge, Special Court, E.C. Act, Nadia, Krishnanagar in E.C.Case No.23 of 1985 (T.R. No.28 of 1985) whereby and whereunder he was pleased to convict the appellants under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 and sentenced them to undergo Rigorous Imprisonment for 2 years each and to pay a fine of Rs.5,000/- each, and in default to suffer further Rigorous Imprisonment for 2 years each.

(2.) A brief resume of the prosecution case emerging from the F.I.R. is that on 03.07.1985 from 14.00 hours to 19.30 hours the de-facto complainant Atal Kanti Ghosh, Inspector of Police attached to E.B., West Bengal,being accompanied by other Officers and force inspected the office cum godown of the M.R. Distributor M/S. Das and Mandal Company at premises No.13, Panchanantala Lane, Barabazar, P.S. Santipur, District: Nadia in presence of local witnesses and found the accused Jitendranath Mandal was operating the business in the aforesaid firm. The said Inspector disclosed his identity and demanded production of licence and the relevant registers, cash memo books etc. Accordingly, the accused Jitendranath Mandal produced those documents. The Inspector checked the registers and found that the Stock Register was written up to 30.06.85. He also verified the cash memo, book. On physical weighment discrepancy was found. The cash memo book was found to have no mention of the N.B.S.F. rice sold from 18.04.85 till that date. Shortage of huge quantity of rice was found but the accused could not furnish any satisfactory explanation. He however, produced one Dag Khata which contained entries of rice sold to different dealers but no cash memo was issued in their names. Daily Sale Register was found bearing entries up to 26.06.85. The stock cum rate board also showed discrepancy in the weight of the commodities. For such discrepancies the accused Jitendranath Mandal was arrested and the commodities and the registers and other documents were seized and were left in the jimma of the witness Keshab Mallick under proper Jimmanama. Thereafter, they returned to Police Station and the said Inspector lodged a written complaint on the basis of which Santipur P.S. Case No.1 dated 03.07.85 under Section 7(1)(a)(ii) of the E.C. Act was registered. That case was investigated into and after completion of investigation charge sheet was submitted under Section 7(1)(a)(ii) of the E.C.Act against the accused/appellants.

(3.) Thereafter, the case was placed for trial before the Learned Judge, Special Court (E.C.Act) Nadia, Krishnanagar who examined the accused persons under Section 251 of the Code of Criminal Procedure and after conclusion of trial, held the appellants guilty and convicted them as aforesaid.