(1.) This criminal appeal has been preferred by the convict, Tirthapada Ghosh, on court bail, who has been convicted by the learned Judge, Special Court, Bankura on 25.08.1987 in C.S.G.R Case No. 7 of 1986 (31T/1986) by which the appellant was sentenced to suffer rigorous imprisonment for four months and to pay a fine of Rs. 200/- in default to suffer further rigorous imprisonment for the offence under Section 7 (1)(a)(ii) of the Essential Commodities Act, 1955 which was the then prevelent.
(2.) The fact of the prosecution case is that on 14.03.1986 in connection with Bankura P.S. Case No. 13 dated 14.03.1986, the complainant associated with other personnel visited the shop-cum-godown at Kanchanpur within District Bankura said to have owned and possessed by the appellant from where the business was running for purchase and sale of rice without valid license. Arriving at that place of occurrence, while the appellant was asked to produce licence and other documents in support of continuation of business of sale and purchase of rice, the appellant could not produce the same. Accordingly, by making a seizure list in presence of the witnesses the complainant, Inspector of Police, B.K. Bose, lodge a complaint at Bankura Police Station, on the strength of which Bankura P.S. Case No. 13 was registered on 14.03.1986.
(3.) From the endorsement of the learned S.D.J.M., Bankura, it reveals that the said FIR was forwarded to the Court on the very following day i.e. on 15.03.1986. After investigation, the said case ended into charge-sheet suggesting prosecution of the appellant for the offence under Section 7 (1)(a)(ii) of the Essential Commodities Act, 1955, prevalent at that period.