JUDGMENT

Subhendu Samanta, J. - The instant appeal has been preferred against an order and judgment of conviction dated 31.08.1988 passed by Sri A. K. Chatterjee, the Learned Judge Special Court, (E.C. Act), Midnapore convicting the appellants and sentenced them to suffer simple imprisonment for one year each and to pay a fine of Rs. 1000/- each, in default to simple imprisonment for one month for the offence punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for the violation of para-5 of the West Bengal Wheat and Wheat Products (Licensing, Control and Prohibition of certain classes of Commercial transaction ) Order, 1973, in D.E.B.G.R. Case No. 12 of 1983.

2. Before enter into the merit of the instant appeal let me consider the prosecution case. In a nutshell, the complaint stated as follows- On March 16th 1983 One Kashinath Das the then Constable of Police, Garbeta Police Station lodged a complaint to Garbeta Police Station being Garbeta P.S. Case No. 13 dated 16th March 1983 under Section 7(1)(a)(ii) of Essential Commodities Act, contending inter alia on the same day at about 5.15 p.m/ the complainant intercepted 5 Rickshaw pullers with two bags of wheat