BHAGABAN DAS AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been filed assailing the order of conviction dated 20th May, 1994 passed by the learned Judge, Special Court (E.C. Act), Hooghly in Special Case no. 39 of 1992 arising out of Serampur P.S. Case no. 159 dated 19th May, 1992 thereby convicting the accused/appellant under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for the alleged violation of paragraphs 4 and 7 of the West Bengal Rationing Order, 1964 and sentencing him to suffer simple imprisonment for a period of six months and to pay a fine of Rs. 1000/-, in default to suffer further simple imprisonment for another one month. It was further directed that the seized wheat be confiscated to the State after the appeal period is over.

(2.) The prosecution case in brief is that on 19th May, 1992 SubInspector M.L. Das while visiting the shop of the accused person found that there was 570 k.gs. of wheat in different gunny bags for sale without licence. He seized the wheat from the shop under a seizure list prepared in presence of local witnesses and subsequently, handed over the seized wheat to one Motilal Shaw, a local person and thereafter, he lodged a written complaint for violation of paragraphs 4 and 7 of the Rationing Order, 1964 and also paragraph 3(2) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977.

(3.) The defence case is that the appellant kept the wheat for grinding of ata and not for sale and therefore, there had been no violation of paragraphs 4 and 7 of the Rationing Order, 1964.