DEBIPRASAD SENGUPTA, J.

1. The present appeal has been preferred against the judgment and Order of Conviction and sentence passed by the learned Judge, Special Court (E.C. Act), Asansol in T.R. No. 34 of 1986 (D.E.B.- G.R. No. 44/185) thereby convicting the accused appellants under section 7(1) (a) (ii) of the Essential Commodities Act for violation of para 19(1)(a) of W.B. Rice and Paddy (Licensing & Control) Order, 1967 and sentencing each of them to suffer rigorous imprisonment for a period of 6 months and to pay a fine of Rs. 1,000/-

2. The prosecution case in short is that on 26.7.1985 the D.E.O., Ranigunge along with force visited the shop-cum-godown of Mahabir Prasad Agarwal at Jamuria bazar, when the other accused Suresh Kumar Mittal, a salesman, was found conducting business in rice. On checking it was found that 580 bags of rice weighing 495 quintals 35 kgs. were in stock, but the stock register and the rate board showed 555 bags of rice weighing 485 quintals 28 kgs. and 900 grams. So there was an excess stock of rice weighing 10 quintals 6 kgs and 100 grams. The accused failed to account for such shortage in the stock.

3. On completion of investigation charge sheet