SATISH CHANDRA MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Judgment and order dated 16.8.1989 passed by learned Judge, Special Court (E.C. Act), Tamluk in T.R. 6/88 (E.G.R. 14/87 arising out of Tamluk P.S. Case No. 15(6)87) convicting the appellant for commission of offence punishable under Sec. 7(i)(a)(ii) of the Essential Commodities Act, 1955 for contravention of the provision para 3 and 10(1) of the West Bengal Licensing and Distribution of Levy Cement Order 1982 and for contravention of the provision of para 3(2) of West Bengal Declaration of Stock and Price E.C. Order 1977 and sentencing him to suffer rigorous imprisonment for three months and to pay a fine of Rs. 500/ - in default to undergo rigorous imprisonment for one month for each count has been assailed.

(2.) Prosecution case is to the effect that on the night of 27.6.1987 at about 8.45 A.M., the appellant had in his possession 260 bags of A.C.C. Portland (Slag) Cement in his godown at Padumbasan near Tamluk Burning Ghat, P.S. -Tamluk. He was dealing in the said cement without any licence and had stored the same without any written authority from the Licensing Authority and/or Sub -divisional Controller, F & S, Tamluk in contravention of the provisions of para 3 and 10(1) of W.B. Licensing of Dealer's Cement & Distribution of Levy Cement Order, 1982 (hereinafter referred to as the Order of 1982) and also without declaring the stocks and prices of the said cement in a stock cum rate board in contravention of para 3(2) of W.B. Declaration of Stocks and Prices of E.C. Orders, 1977 (hereinafter referred to as Order of 1977) constituting offence punishable under Sec. 7(1)(a)(ii) of the Essential Commodities Act, 1955.

(3.) The said raid resulting in the aforesaid recovery was conducted by PW 2 and 9. Such raid had been conducted pursuant to seizure of six bags of cement from the possession of PW 3 and 4. It is alleged that PW 3 and 4 claimed that they had purchased the cement from the shop cum godown of the appellant and pursuant to their statements the raiding party went to the said shop resulting in the aforesaid seizure. The appellant was also arrested from the spot and first information report was registered. Pursuant to investigation, charge sheet was filed in the instant case.