MRITYUNJOY SADHUKHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is directed against the Judgment and order of conviction and sentence passed by the learned Judge, Special Court (E.C. Act), Nadia in E.C. Case No. 9/88 (T.R. No. 20/88) on 17.05.88.

(2.) Shortly put, the prosecution case is that on 21.03.88 between 13.00 hrs. and 14.00 hrs. during visit of the pulse-shop of the accused Gachabazar, Nakashipara by S.I. Manik Lal Nandan, DEO, Nakashipara (P.W. 4) with other DEB Officials, the accused/appellant was found dealing in pulses of more than 10 quintals. No stock-cum-rate board was displayed at the place of business nor the accused/appellant, on demand, could produce licence and other documents, for which different items of pulses were seized and the accused/appellant was arrested for violation of the provisions of para 3(1) of the West Bengal Pulses, Edible Oilseeds and Edible Oil (Dealer's Licensing) Order, 1978 and para 3(2) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977, for prosecution under section 7(1)(a)(ii) of Act X/55. Hence, the accused was charged under section 7(1)(a)(ii) of Act X/55 for violation of the aforesaid provisions.

(3.) The defence case is denial of the alleged offence and that stock of pulses did not exceed 10 quintals.