( 1 ) THIS is an appeal against the order of conviction of the appellant under section 7 (1) (a) (ii) of the Essential Commodities Act for alleged violation of the provisions of Paragraph 5 (2) of the West Bengal Licensing of Dealers of cement and Distribution of Levy Cement Order, 1982 and sentence of rigorous imprisonment for 2 years and a fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for a further period of 6 months, passed in a trial held before the learned Judge, Special Court under E, C. Act, Nadia, Krishnanagar.

( 2 ) DURING the trial while the appellant was examined under Section 251 of the Code of Criminal Procedure, the accusation made against him was as follows : "on June 24, 1988 in between 12 noon to 4. 30 P. M. the complainant of the case, inspected the cement shop of the appellant when he was found running the shop, at the time the Stock Register and Sale Register was verified and 1200 bags of cement was found shortage. On being asked the appellant could not give any explanation for such shortage. Besides that the appellant was running a cement business from another godown for which he has neither any separate account nor any license. Thus, he has

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