SURESH SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Rule is aimed against the judgment and order of conviction passed by Shri P. K. Sengupta, Judge, Special Court, Barasat in Special Court (Essential Commodities Act) Case No. 360 of 1983 finding the petitioners guilty under section 7(1)(A)(ii) of the Essential Commodities Act, 1955 for contravention of Rule 12(1) of the West Bengal Kerosene Oil Control Order, 1968 and sentencing both of them to three months R.I. each and also to a fine of Rs. 100/- in default to a further R I. for one month each.

(2.) It appears that the petitioner Suresh was a licenced dealer in Kerosene Oil. His shop under Khardah P.S., district -24 Parganas was inspected by Inspector Choudhury, and Sub-Inspectors, Banerjee and Ukil (P. Ws. 3, 1 and 2) of the Department of Food and Supplies at or about 11.00 a.m. on 7.5.1983. The petitioner Suresh was not present in the shop at that time. The petitioner Ganesh was selling Kerosene oil to customers. Three hundred litres of Kerosene oil in two barrels was found in the shop. On demand the petitioner Ganesh could not produce the books of accounts and the cash-memos showing sale of Kerosene oil to customers. The Rate-Board also did not show the stock of Kerosene and price of Kerosene Oil per litre. All this being in contravention of the West Bengal Kerosene Control Order, 1968 and the West Bengal Declaration of Stock and Prices of Essential Commodities Order, 1977 the aforementioned case was started against both the petitioners. The learned Judge finding that the latter older had no application to the facts of this case, considered the materials on record to see if the provisions of the former order were violated. Para 12 of the said order obliges a dealer to comply with the conditions specified in the licence. Condition No.3 of the licence obliges a dealer to maintain daily accounts of receipts and sales of Kerosene and to allow them to be inspected at all times by officers authorised under. Para 15 of the said Order; Condition No.4 obliges him to grant a proper cash-memo for every sale and Condition No.6 obliges him to exhibit a Board in front of his shop stating that he is a licenced dealer and the schedule of maximum price of Kerosene fixed by the proper authority. All the three conditions of licence having been violated in this case (the learned Judge treated the violation of Condition No.3 as violation of Condition No. 10), the learned Judge holding that Rule 12 of the aforementioned Order was contravened, has convicted and sentenced the petitioner No 1 as be was the licencee and the petitioner No, 2 as he was the person in charge of the shop at the relevant time-in the manner stated above. Hence, this provisional petition.

(3.) It is urged at the first instance that there was no contravention of the provisions of Essential Commodities Act, 1955 as found by the learned Judge. The Kerosene Control Order has been made in exercise of powers conferred by section 3(1) of the aforementioned Act read with section 3(2)(d) (e)(h) and (j) and section 7(1) of the said Act. Violation of any specific provision of the Order being contravention of section 3(1) of the Essential Commodities Act will be punishable under section 7 (1) of the Act. Para 6(1)(2) and Para 12 of the Kerosene Control Order permit a licencee to carryon trade in Kerosene as a dealer subject to the condition specified in the licence. Form B of the Schedule II of the said Order provides proforma of licence to be granted to a dealer under the said Order laying down of the conditions. Conditions Nos. 3, 4 and 6 of the said conditions run in the following way: 3. The licensee shall (a) maintain daily accounts of receipts and sales of Kerosene in registers prescribed by the Director and (b) allow such accounts to be inspected at all times by officers authorised under paragraph 15 of the West Bengal Kerosene Control Order, 1968.