Point of Law: Conviction Set aside - Search and Seizure - Raid in cement godown - Fact of 450 bags of cement which were seized from two godowns were corroborated by prosecution witnesses as such factum of seizure has been proved, although prosecution witnesses very weakly supported prosecution case.

JUDGMENT :

Tirthankar Ghosh, J:

1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 30.07.1987 passed by the Learned Judge, Special Court, (under E.C. Act), Malda in D.E.B.G.R. Case No. 3 of 1986 (corresponding to T.R. No. 2 of 1986) wherein the learned trial Court was pleased to hold the appellant guilty for contravention of para 5(2) of West Bengal Licensing of Dealers of Cement and Distribution of Levy Cement Order 1982 and para 3(2) of the West Bengal Declaration of Stocks and Prices of the Essential Commodities Order, 1977 and convicted him for the offence punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955.

2. The learned trial Court, thereafter, proceeded to sentence the accused for 6 (six) months and to pay a fine of Rs. 2,000/- i.d. to suffer R.I. for a further period of 3 (three) months for the contravention of para 5(2) of West Bengal Licensing of Dealers of Cement and Distribution of Levy Cement Order 1982 and also R.I. for 3 (three) months for para 3(2) of the West Bengal Declaration of Stocks and Prices of the Essential Commodities Order, 1977.

3. The genesis of the prosecution case is that on receipt of information relating to one Narayan Chandra Saha of Bibigram P.s. E.B. Dist Malda who was storing huge quantity of cement in his godown for clandestine business in cement without keeping proper account of the same, a raid was conducted to work out over such information. On 19.03.1986 at about 17.00 hours at the time of raid it was found that huge quantity of cement was stored for sale. It was alleged that seeing the police/raiding team the accused Narayan Chandra Saha fled away and did not return. The raiding party served a notice upon Smt. Bhakti Lata Saha wife of said Narayan Chandra Saha who received the same but the accused failed to produce any books of accounts from where it was reflected that the accused had the authority to deal with cement at the said godown. It was further alleged that no stock price board was displayed in the godown in respect of the same which was stored. As such it was alleged that the accused violated the provisions of para 9 of the West Bengal Licensing of Dealers of Cement and Distribution of Levy Cement Order, 1982 and Para 3 of West Bengal Declaration of Stocks and Prices and Prices of Essential Commodities Order, 1977 and thus, rendered himself liable for prosecution under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955. As a result of raid 450 bags of cement were seized from two godown in presence of two persons namely, Monoj Kumar Das and Adhir Kumar Saha who duly attested the same. Pursuant to such information English Bazar P.S. case no. 14 dated 19.03.1986 was registered for investigation under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955. On completion of investigation charge-sheet was filed under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for contravention of para 5(2) of West Bengal Licensing of Dealers of Cement and Distribution of Levy Cement Order, 1982 (hereinafter, referred to as “Cement Control Order”) and for para 3(2) of the West Bengal Declaration of Stocks and Prices of the Essential Commodities Order, 1977 (hereinafter, referred to as “Declaration of Stock and Prices Order”).

4. The record of the case reflected that the accused pleaded not guilty to the charges and the prosecution examined 7 witnesses in support of the case while the defence examined 2 witnesses to rebut the prosecution evidence. Records also reflect that the accused was examined under Section 313 of the Code of Criminal Procedure prior to the defence evidence being examined and the learned trial Court on assessment of the evidence of the case arrived at the aforesaid finding of guilt and sentenced the accused accordingly (as stated above).

5. The prosecution in order to proved its case relied on the evidence of A.K. Som Choudhury (PW1) Sub-inspector of Police; Dwijendra Nath Pandey