MOHAN LAL SHARMA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12th January, 1990 passed by learned Judge, Special Court(EC) Act, Barasat, North 24 Parganas whereby and where under learned Judge has convicted the appellant for the offence under Section 7(1)(a)(ii) of Act, X of 1955 for violation of the provisions of paragraph 3(2) of the West Bengal Declaration of Stocks and Prices of Essential Commodities order 1977 and para 4 of Essential Foodstuff and Anti-hoarding Order, 1966 and thereby sentenced the appellant to suffer Rigorous Imprisonment for 6 months and to pay a fine of Rs.1,000/- in default to suffer Rigorous Imprisonment for 6 months more.

(2.) The case of the prosecution in brief is that one Ajit Kumar Biswas, Sub-Inspector and the then District Enforcement Officer, Commercial Zone, North 24 Parganas lodged a written complaint with the inspector in charge of Khardah police station on 25th January, 1988 to the effect that on the same date in between 9.30 a.m. and 10.30 a.m. he along with Sub-Inspector D. K. Chanda, D.E.O, Barasat held a surprise check in the grocery shop running in the name and style of 'proyojani' said to be of the appellant situated at Sodepur Station Road under police station-Khardah. At the time of checking the said shop in presence of the witnesses, the police inspector found that the appellant was dealing in grocery articles including pulses and rice without maintaining any stock register or stock board. The appellant was also dealing in the business without any trade licence or any other authority. The stock and rate board was found displayed at the gate of the shop but that was not properly maintained. Therefore, the appellant has violated the provisions of para 3(2) of the West Bengal Declaration of Stock and Prices of Essential Commodities Order 1977 and also violated the provisions of para 4(1) of the West Bengal Essential Foodstuff and anti-hoarding order 1966 for dealing in rice without any license or authority within the statutory rationing area.

(3.) On the basis of that written complaint Khardah police station case no. 65 dated 25.06.1988 was started against the appellant and ultimately culminated in filing of charge sheet. The appellant pleaded 'not guilty' and claimed to be tried.