KARZAN SHOW Vs. STATE OF W B

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants against the order of conviction and sentence passed by the learned Judge, Special Court, under e. C. Act at Alipore, 24 Pargana (S) on 28. 4. 87 in Special Case No. 6 (11) of 1985 R. R. No. 51/86 arising out of Behala P. S, Case No. 25 (II)/85 whereby the appellants were convicted for violation of Para 3 (1) of West Bengal Pulses, edible Oilseeds and Edible Oils (Dealers Licensing) Order 1978 and accordingly sentenced under Section 7 (1) (a) (ii) of Act X of 1955 to undergo rigorous imprisonment for six months and to pay a fine of Rs. 300/- each in default to suffer R. I. for one month more.

(2.) THE prosecution against the appellants was Stated on the basis of a complainant lodged by S. I, DEO, Behala, who after completion of investigation submitted charge-sheet against the appellants.

(3.) THE prosecution case in short, is that on 7. 11. 85, at about ,12. 15 hours the complainant visited the grocery shop of the accused Lakshmi Show situated at 97, Biren Roy Road (West) for the purpose of raid when the owner lakshmi Show was not present there but his employee Karjan Show was found present in the said shop. During the course of raid it was found by the complainant that there were 53 tins of mustered oil weighing 7 quintals 95 kgs. and Banaspati (edible) in 5 tins weighing 75 kgs. However, on demand Karjan show failed to produce any licence for dealing in edible oil and also failed to produce any books of account relating to the business, and there was no stock-cum- price board in the said shop. As such there being violation of the provisions of para 3 (1) and 12 of West Bengal Pulses, Edible Oilseeds and Edible Oils (Dealers Licensing) Order, 1978 and para 3 (2) of West Bengal Declaration of stocks and Prices of Essential Commodities Order, 1977, the complainant seized the stock of mustered oil and Banaspati under a seizure list in presence of witnesses and arrested the accused Karjan Show and took him to Behala p. S. and filed a complaint there which registered a case.