NIRMAL KR JAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the State respondents. This criminal trial has already celebrated its silver jubilee. Although the appellant is not present despite service of notice through the learned C.J.M., who endeavoured his best, but none appeared. Since the case was started in the year 1986 and the impugned judgment was passed on 6.9.1989, I am of the view that the case may be disposed of on merit after going through the evidence led before the learned Special Court.

(2.) Mr. Prasun Datta, learned A.P.P. appearing on behalf of the State has also conceded to that. In the impugned judgment, the learned Special Judge has found the appellant guilty for committing the offence under Section 7(1)(a)(II) of Essential Commodities Act for alleged violation of provisions of para 3(1) of the West Bengal Wheat and Wheat Products (Licensing Control Prohibition of Certain Classes of Commercial Transactions) Order, 1973. It is pertinent to mention that those provisions have become obsolete at present.

(3.) However, basis for setting the law into motion is such that on 3.8.1986, the complainant and the DEO Officials when reached near Dharampur Hat, he found the appellant standing by the side of a road with 21 bags of wheat and which was about to be loaded on a truck. The complainant and other DEO officials intercepted the truck and on demand, the accused-appellant could not justify his licence. Those bags of wheat weighing about 20 quintals was about to be taken to Kishanganj.