LAWS(CAL)-2015-7-84

RAM SARUP MAHATO Vs. STATE OF WEST BENGAL

Decided On July 29, 2015
Ram Sarup Mahato Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) In this appeal the judgment and order of conviction passed by the Learned Special Court, Hooghly on the 30th of January, 1990 in Special Case No. 71 of 1988 convicting the appellant-accused under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (for short the 1955 Act) is under challenge. By the judgment and order impugned the Learned Special Court was pleased to find the appellant guilty of violation of paragraph 3(2) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 (for short the 1977 Order) as well as paragraphs 4 and 7 of the West Bengal Rationing Order, 1964 (for short the 1964 Order) and also of violation of Section 7(1)(a)(ii) of the 1955 Act.

(2.) The Learned Special Court sentenced the appellant to suffer rigorous imprisonment for six months and pay a fine of Rs. 500/-, in default to suffer a further rigorous imprisonment of two months.

(3.) According to the complaint which was lodged on 23rd February, 1988, PW1 along with force comprising other personnel held a raid at the grocery shop of the appellant on 23rd February, 1988. During the raid PW1 found several essential commodities kept in the shop for sale and customers were also purchasing such commodities. The man in the shop room, one Sri Surendra Prasad, who was attending to the customers, failed to produce trade licence, stock register, sales register, cash memo, stock and rate board in support of running the said grocery shop. The said Surendra Prasad, PW3, who was later declared hostile, merely produced an invalid trade licence at the time of the raid.