ARUN CHANDRA DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 28th July, 1989 passed by the learned Judge, Special Court, E.C. Act, Murshidabad convicting the appellant for commission of offence punishable under section 7(1)(a)(ii) of the Essential Commodities Act for violating paragraph 12 of the West Bengal Kerosene Oil Control Order, 1968 and paragraph 3(2) of the West Bengal Declaration of Stock and Price of Essential Commodities Order, 1977 and sentencing him to suffer rigorous imprisonment for four months.

(2.) The prosecution case, as alleged, against the appellant is that on 12.02.1988 between 13.15 hours to 17.00 hours one Nirmalendu Sarkar, de facto complainant, (PW1) inspected the kerosene oil shop of the appellant at Hatinagar, P.S. Berhampore. At that time the appellant was distributing kerosene oil amongst the cardholders. P.W. 1 disclosed his identity and called upon the appellant to produce the stock book and cash memo book. The appellant produced the same and on scrutiny of cash memo book it was found that the appellant had distributed 18 1/2 liters of kerosene oil amongst the cardholders. His opening stock of kerosene oil in the book was 350 liters on 12.02.1988. After the sale as aforesaid, there ought to have been a stock of 3311/2 liters of kerosene oil in the shop. However, on physical verification it was found there was an actual stock of 399 liters of kerosene oil. Hence, an excess of 67 1/2 liters was detected in the stock. The appellant was unable to give satisfactory explanation for such excess amount of kerosene oil. It was also alleged that he did not display stock-cum-rate board in front of his business. P.W. 1 seized the kerosene oil under a seizure list in the present of witnesses. Stock register and cash memo book were also seized and the appellant was arrested.

(3.) First information report was registered at Berhampore police station being Berhampore P.S. Case No. E.C. 4 of 1988 dated 12.02.1988 under section 7(1)(a)(II) of the Essential Commodities Act 1955 (hereinafter referred to as The Act of 1955).