BENOY BHUSAN DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of an order and judgement dated 24th May, 1989 passed by the learned Judge, Special Court (E.C. Act), Midnapore in D.E.B. G.R. Case no. 78 of 1983 arising out of Mohanpur P.S. Case no. 1 dated 3rd December, 1983 by which the learned Judge convicted the appellant under Section 7(I)(a)(ii) of the Essential Commodities Act, 1955 for violation of the provisions of paragraph 5(1) of the Fertilisers (Control) Order, 1957 and sentenced him to suffer simple imprisonment for a period of one year and to pay a fine of Rs. 1000/-; in default further simple imprisonment for one month.

(2.) The fact of the case as alleged in the First Information Report is that on secret information the complainant and the raiding party intercepted one truck bearing no. DRB-1761 at village Barai under Mohanpur Police Station on Mohanpur Gomunda Road, which was loaded with 240 bags of gromour fertilisers. The accused/appellant, Benoy Bhusan Dey was found sitting in the driver's seat on the truck. When the police came to that place, some villagers, who were waiting for taking delivery of fertilisers, fled away in darkness. On being asked by the complainant, the accused/appellant could not produce any purchase memo or any other document for possessing those 240 bags of fertilisers. It was further alleged that the accused/appellant obtained those bags of fertilisers either by theft or by fraudulent means for dealing with the same without any licence. Each of those bags contained 50 kg. weight and therefore, the accused/appellantBenoy Bhusan Dey committed offence punishable under Section 7(1)(a)(ii) of the Essential Commodities Act (Act 10), 1955 for violating the provisions of paragraph 5 of the Fertiliser (Control) Order, 1957.

(3.) It appears from the fact that since the accused could not produce any bill or any document for dealing in 240 bags of fertilisers, the Inspector of Police D.E.B., Midnapore lodged a First Information Report with Mohanpur Police Station and a case, being Mohanpur Police Station Case no. 1 dated 3rd December, 1983 was initiated. Investigation was started and after completion of investigation, he submitted charge-sheet against the accused person under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 read with paragraph 5(1) of the Fertilisers (Control) Order, 1957. The accused/appellant had been examined under Section 251 of the Code of Criminal Procedure and the substance of acquisition had been explained to him. The accused pleaded not guilty and claimed to be tried by order no. 27 dated 26th November, 1984.