BANAMALI RAUL Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 29.4.1988 passed by the learned Judge, Special Court (under the Essential Commodities Act), Midnapore Sadar convicting the appellant for commission of offence punishable under Sec. 7(1)(a)(ii) of the Essential Commodities Act, 1955 and sentencing him to undergo simple imprisonment for six months as also to pay fine of Rs. 1,000/ -, in default to suffer further simple imprisonment of one month more.

(2.) The prosecution case, as alleged, against the appellant is to the effect that on 2.6.1985 the complainant and his raiding party held inspection in the M.R. Shop of the accused from 10 A.M. to 11.30 A.M. and during such inspection found a stock cum rate board dated 2.6.1985 which was displayed at the place of business showing the opening stock of rapeseed oil as one quintal 16 Kg. 600 grams. However during physical verification it was found that there were 5 tins of STC brand rapeseed oil in sealed condition containing 15Kg. net in each such tin and a loose tin of 10 kg of rapeseed oil in the shop. Hence there was a shortage of 31 Kg. 600 gms of rapeseed oil. As per cash memo book there was no sale of any rapeseed oil on 2.6.1985. The stock register and sale register were written up to 1.6.1985, the cash memo bearing No. 513 was written on 1.6.1985, the cash memo Nos. 351 dt. 1.6.1985 to cash memo No. 460 dt. 1.6.1985 were found in the cash memo book.

(3.) The articles were seized under a seizure list and first information report was registered. Sankrail Police Station Case No. 1 of 2.6.1985 under Sec. 7(1)(a)(ii) of the Essential Commodities Act, 1955 was started and in conclusion of investigation charge sheet was filed. Substance of accusation was read over to the appellant. The appellant pleaded not guilty and claimed to be tried.