ASHOK SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgment and order dated 20.10.1987 passed by Learned Judge, Special Court, Hooghly, under Essential Commodities Act, in Case No. 105 of 1985 convicting the appellant for commission of offence punishable under Section 7(i)(a)(ii) of Essential Commodities Act for violation of the provisions of Paragraphs 3(2) of West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 (hereinafter referred to as order of 1977) and sentencing him to suffer rigorous imprisonment for four months and to pay a fine of Rupees Rs.1000/- in default to suffer further rigorous imprisonment for one months more. Prosecution case as alleged against the appellant is to the effect that on 13.7.1987 the police officers attached to District Enforcement Branch, Hooghly had inspected the grocery shop of the appellant at Village Dhalarbagan under P.S. Dadpur. The appellant was found present and attending to the customers.

(2.) The raiding officers found large quantities of different essential commodities in the shop but on demand the appellant failed to produce any stock register, sale register and cash memo etc. One stock-cum-rate board was found in the said shop but on that rate board no stock and price of essential commodities were written. Accordingly, the officers seized the essential commodities found in the shop including the stock board, licence and arrested the appellant. First information was registered and upon investigation charge-sheet was filed under Section 7(i)(a)(ii) for violation of Paragraph 3(2) of the order of 1977. Substance of accusation was read over and explained to the appellant to which he pleaded not guilty and claimed to be tried.

(3.) From the evidence on record, it appears that a raid was conducted on the grocery shop of the appellant on 13.7.1985. It is the version of P.W.1, 2 and 4 that although there was a stock-cum-rate board but the quantities and the prices of the essential commodities were not written thereon. The board was seized under a seizure list and kept in the custody of P.W. 2 who was attached to Pandua P.S.