BANKA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and order dtd. 23/12/1988 passed by Learned Special Judge (EC) Act Tamluk in TR 16/86 ( EGR 23/86) arising out of Panskura Police Station Case No. 2 (10/86) whereby the present appellant was convicted u/s 7(I) (a) (ii) of the EC Act for contravention of provision of Para 3(1) (a) of West Bengal Rice and Paddy (storage by Consumers) order, 1976 as well as Para 3 (i) (a) of West Bengal Rice and Paddy (Restriction of Movement) order 1976 and thereby sentencing the present appellant to undergo rigorous imprisonment for 01 month and to pay a fine of Rs.500.00 in default rigorous imprisonment for one month more.

(2.) The brief fact of the prosecution case is that the present appellant on 22/10/1986 stored 05 gunny bags of rice in about 4.25 quintals in a second class compartment of P- 38 down Panskura Horah Local at Panskura Police Station. On that date at about 09:40 a.m. he was arrested by some Railway Policeman on the alleged plea of storing 4:25 quintals of rice. On the basis of the said allegation the FIR was lodged by the PW 1 and summary trial was held by the Learned Special Judge, Tamluk. During the said trial 05 witnesses were examined by the prosecution including the de-facto complainant. The defence case is mainly based on denial of the prosecution case. After hearing the parties the Learned Special Judge has passed the impugned judgment and sentenced finding the present appellant guilty u/s 7(I) (a) (ii) of the EC Act for contravention of provision of Para 3(1) (a) of West Bengal Rice and Paddy storage of consumer order of 1967 as well as Para 3 (I) (c) of West Bengal Rice and Paddy (Restrictions on Movements) order 1967.

(3.) Being aggrieved and dissatisfied with the order and judgment and conviction the present appeal has been preferred.