SUSHIL KUMAR SARAF Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of a judgement and order dated 29th May, 1985 passed by the learned Judge, Special Court (Essential Commodities Act), Purulia in D.E.B. G.R. No. 19 of 1984/Trial No. 84 of 1984 convicting the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 read with paragraph 12 of the West Bengal Wheat and Wheat Products (Licensing, Control and Prohibition of Certain Classes of Commercial Transportation) Order, 1973 and sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 2000/-; in default to undergo rigorous imprisonment for two months and directing for confiscation of the seized articles.

(2.) The case of the prosecution in brief is that on 11th July, 1984 P.W. 6, Kenaram Mukherjee, Sub-Inspector, D.E.O., Balarampur went to the shop-cum-godown of the accused Sushil Kumar Saraf along with the Inspector, V.K. Tewari, P.W.5 and two Constables, P.W.2 and P.W.3 at about 10.45 a.m. At that time the accused was not present in the shop, but his brother Sujan Kumar Saraf was present on behalf of the accused. On demand, Sujan Kumar Saraf produced books of accounts and other registers maintained by the accused. On examination of the relevant stock registers cash memo and books of accounts it was found that there was closing balance of 184 bags of atta as on 10th July, 1984 and opening balance of the same quantity of atta as on 11th July, 1984. From the cash memo book it was ascertained that 74 bags of atta were sold before their inspection on 11th July, 1984. Then they checked the godown and found that 260 bags of atta were stored and exposed for sale. As such, 150 bags of atta were found in excess. Sujan Kumar Saraf could not produce any documents to explain about the excess 150 bags of atta and also could not make any satisfactory explanation. Thereafter, P.W.6 seized the aforesaid quantity of atta, the stock register, the cash memo book and the licence upon a seizure list in presence of witnesses. The seized bags of atta and the licence were kept in zimma of one Bajranglal Agarwalla and thereafter, P.W.6 & others went to Balarampur Police Station for lodging First Information Report. As the Duty Officer was not present, they came back and went to Barabazar for a raid and on their way back P.W.6 lodged First Information Report, which was received by P.W.4, Assistant Sub-Inspector, Mridul Kanti Saha. He initiated a criminal case, being Balarampur P.S. case no. 4 dated 11th July, 1984, which was endorsed to P.W.6 for investigation. Upon completion of investigation, P.W.6 submitted charge sheet on 30th September, 1984 against the accused. The accused was examined under Section 251 of the Code of Criminal Procedure and the substance of accusation was explained to him. The accused pleaded not guilty and claimed to be tried.

(3.) Mr. Abhra Mukherjee, learned advocate appearing on behalf of the appellant submits that the learned Judge while convicting the appellant for the alleged violation of paragraph 12 of the West Bengal Wheat and Wheat Products (Licensing, Control and Prohibition of Certain Classes of Commercial Transaction) Order, 1973 wholly misconstrued the same and thereby serious failure of justice has been caused and as such the impugned judgement and order of conviction and sentence is liable to be set aside.