RABINDRA NATH BERA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of a judgement and order of conviction and sentence dated 14th June, 1988 passed by the learned Judge, Special Court (E.C. Act), Midnapore Sadar in DEBGR Case no. 30 of 1986 arising out of Ghatal Police Station Case no. 4 dated 22nd October, 1986 thereby convicting the accused/appellant under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for violation of the provisions of paragraph 3 of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 and paragraphs 4 and 12(2)(a) of the West Bengal Kerosene Control Order, 1968 and sentencing him to suffer simple imprisonment for six months and to pay a fine of Rs. 1000/-; in default to suffer further simple imprisonment for one month.

(2.) The prosecution case in brief is that on 22nd October, 1986 the complainant and his raiding party held search and seizure in M.R. shop of the accused from 14.00 hours to 16.00 hours. During checking the complainant found 72 litres of S. kerosene oil under special permit register. It was further alleged in the complaint that as per the stock register there was 30 litres of kerosene oil in M.R. shop and 80 litres of kerosene oil under special permit register and the accused purchased 600 litres of kerosene oil as per memo no. 1256. According to the complainant, the stock of kerosene oil ought to have been 638 litres and 800 grams after sale of 50 litres of kerosene oil under special permit and 21 litres 200 grams under M.R. shop. But on physical verification it was detected by the complainant that there was excess of 72 litres in all for which the accused could not furnish any explanation. The complainant also found one stock board written up to 8th October, 1986 showing stock of 78 kg. sugar, 29.500 kg. levy free sugar, 9 quintal 77 kg. wheat in the shop. It was further alleged by the complainant that the stock shown in the stock register and the stock board was not correct. Therefore, the accused violated the provisions of paragraph 3 of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 and the provisions of paragraph 4, 12 and 12(2)(a) of the West Bengal Kerosene Control Order 1968 and thereby the accused committed offence punishable under Section 7(1)(ii)(a) of the Essential Commodities Act, 1955.

(3.) The complainant (P.W.1) seized the articles under a proper seizure list and the stock was kept in zimma of one Gandhilal Bera under a zimmanama attested by P.W.2 and P.W.3. Thereafter, the accused/appellant was arrested. On the basis of the written complaint, a criminal case, being D.E.B.G.R. Case no. 30 of 1986 arising out of Ghatal P.S. Case no. 4 dated 22nd October, 1986 was initiated against the accused person. Investigation was started and after completion of the same, charge sheet was submitted on 20th February, 1987 against the accused/appellant and the learned Judge, Special Court, Midnapore (E.C. Act) took cognizance of the alleged offence.