ORDER

1. Leave granted. Heard learned counsel for the parties.

2. It appears that during a raid carried out on August 30, 1986 by Arun Krishna Kundu, PW 4, Sub-Inspector of Police attached to the District Enforcement Branch, Hooghly, at the grocery shop of the appellant at Duplex patty, Chandannagar on receiving information that the appellant was engaged in clandestine business of imported edible rapeseed oil, the appellant was found in possession of two sealed tins of 15 kg. each of such rapeseed oil bearing STC mark and they were seized under seizure memo (Ex. 1) and placed in the zimma of his brother Prabir Kumar Das, PW 1. On a written con-plaint by PW 4 the appellant was prosecuted under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for contravention of paragraph 3(2) of the West Bengal Imported Vegetable Oils (Prohibition of Unauthorised Sale) Order, 1984 in the Court of the Judge, Special Court (E. C. Act) Hooghly. After a summary trial, the learned Special Judge found the fact of seizure proved inasmuch as the appellant had no licence to deal in such commodities and found him guilty and sentenced him to rigorous imprisonment for four months and to pay a fine of R