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 re