NABA KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 30th November, 1993 passed by the learned Judge, Special Court, Essential Commodities Act convicting the appellant for commission of offence punishable under section 7(1)(a)(ii) of the Essential Commodities Act for violation of the conditions of West Bengal Baby Food Licensing Order sentencing him to suffer simple imprisonment for three months and to pay a fine of Rs. 500/- in default to suffer simple imprisonment for 15 days. The prosecution case, as alleged, against the appellant is to the effect that on 11th June, 1991 during inspection by sub-inspector D. Bhattacharjee, D.E.B., W.B. (P.W. 1) it was detected that the appellant who had a licence for carrying on business in baby food was engaged in carrying on such business and storing baby food in a place other than that mentioned in his licence. It was further alleged that the appellant could not show the stock cum rate board and failed to produce stock register on demand. Stock of baby food was seized under seizure list and Chinsurah P.S. case No. 136 dated 11.6.91 under section 7(1)(a)(ii) of the Essential Commodities Act, 1955 was registered for investigation against the appellant. In conclusion of investigation, police report was filed against the appellant. Substance of accusation for commission of offence punishable under section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for violationg paragraph 3(2) of the West Bengal Declaration of Stock and Prices of E.C. Commodities Order, 1977 and paragraphs 2 and 5 of the Conditions of West Bengal Baby Food Licensing Order, 1966 was read over and explained to the appellant.

(2.) The appellant pleaded not guilty and claimed to be tried.

(3.) In course of trial prosecution examined as many as five witnesses. Defence of the appellant was one of innocence and false implication. It was his specific defence that consignment of food seized from the place other than the place of business as mentioned in the licence granted to him was due to temporary storage of baby food on account of heavy rain fall on the date of raid, that is, on 11th June, 1991.