JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Guwahati High Court upholding the conviction of the appellants for offence punishable under Section 7(1)(a)(i) of the Essential Commodities Act, 1955 ( in short the ‘Act’). The allegation was that the appellant had violated Clause 3 of the Lubricating Oil and Greases (Processing, Supply & Distribution Regulation) Order, 1987 (in short the ‘Control Order’). Simple imprisonment of one month and fine of Rs.3,000/- each with default stipulation was awarded to the accused persons.

3. The prosecution against the accused-appellants was initiated on the basis of an offence report submitted by Sir Dhiraj Choudhury, Inspector of Food and Civil Supplies, Assam, Guwahati PW-3 alleging inter-alia that on 1-10-1996 he along with two other Inspectors of Food and Civil Supplies Department visited the processing industry of lubricating oil belonging to the appellant no.2, situated near Lankeswar, Jalukbari, Guwahati and on such inspection, it was found that the concern did not possess necessary license as required under the Control Order and also proper books of accoun