JUDGMENT

Shampa Dutt (Paul), J. - The appeal has been preferred against the judgment and order dated 27.09.1988 passed by the Ld. Judge, Special Court (E.C. Act) Tamluk, Midnapore in T.R. No. 15 of 1987 (E.G.R.10/87 arising out of Sutahata P.S. Case No. 2 (6) 87) convicting the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act for contravention of the provision of para 5 (2) of the West Bengal Licensing of Dealers of Cement and Distribution of Levy Cement Order, 1982 and sentencing him to suffer rigorous imprisonment for one month and to pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for one month more.

2. Prosecution case against the appellant is as follows:-

The appellant is a licensed non-levy cement dealer of Rajarampur, P.S. Sutahata. On 05.06.1987 at about 5 P.M. in the afternoon, PW 1 and members of his group visited and inspected the cement godown of the appellant, Tapan Kumar Das at Rajarampur, P.S. Sutahata and found 281 bags of cement in stock. A stock register (Exhibit 2), a sale register (Exhibit 3), printed cash memo book (Exhibit 4) and a challan (Exhibit 8) were produced by the appellant. It appears from the Challan (Exhibit 8), t