Monoj Kumar Mukherjee, J. :- The short question of law that falls for determination in this Rule is whether the petitioner is a dealer within the meaning of paragraph 2(a) of the West Bengal. Declaration of Stock and Price of Essential Commodities Order, 1971 (hereinafter referred to as the Order). The question arises in this way.

2. On may 25, 1973 some officers of the District Engorgement Branch raided the godown of the petitioner and found a stock of 20 quintals of pulses (Maskalat) in 20 gunny bags but no list indicating the opening stock of such commodity and retail selling price thereof was displayed as required under paragraph 3 of the Order. The petitioner, on demand, also failed to produce books of accounts in respect of the said commodity. A prosecution was launched against him under Rule 114 of the Defence of India Rules 1971 for violating the provisions of paragraph 3 of the Order. The Judicial Magistrate, 1st Class, Cooch Behar, who tried the case, found the petitioner guilty and convicted and sentenced him to suffer rigorous imprisonment for one months and a fine of Rs. 200 in default to rigorous imprisonment for 15 days more. The petitioner therefore moved th