IMPORTANT POINT
The judgment reinforces the necessity for compliance with licensing and stock display regulations under the Essential Commodities Act to protect public interests.

JUDGMENT :

Partha Sarathi Sen, J.

1. In this appeal the judgement of conviction and order of sentence dated 28.08.1986 as passed by the learned Judge, Special Court (E.C Act) Purulia in Trial No.28/85 corresponding to D.E.B.G.R Case No.22/85 has been impugned. By the impugned judgement the said trial court found accused Hiralal Jain (appellant no.2 herein) and accused Bimal Jain (appellant no.3 herein) guilty under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (hereinafter referred to as the said ‘Act’ in short) read with paragraph 3(2) of the West Bengal Declaration of Stocks and Prices of the Essential Commodities Order, 1977 (hereinafter referred to as the said ‘Order of 1977’ in short) and paragraph 3(a) read with paragraph 2(c) of the West Bengal Sugar Dealers Licensing Order, 1980 (hereinafter referred to as the ‘Order of 1980’). The said trial court thus sentenced the accused Hiralal Jain to suffer R.I for three months and to pay fine of Rs.1,000/-i.d to suffer R.I for 15 days more for the offence committed by him under Section 7(1)(a)(ii) of the said Act of 1955 read with paragraph 3(2) of the said Order of 1977. The convict Hiralal Jain is further sentenced to suffer R.I for three months and to pay a fine of Rs.1000/-i.d. to suffer R.I for 15 days more for the offence committed by him under Section 7(1)(a) (ii) of the said Act of 1955 read with paragraph 3 (a) and paragraph 2(c) of the said Order of 1980. The said trial court also sentenced convict Bimal Jain to suffer R.I for three months and to pay a fine of Rs.1000/-i.d to suffer further R.I for 15 days for the offence committed by him under Section 7(1)(a)(ii) of the said Act of 1955 read with paragraph 3(2) of the said Order of 1977. The convict Bimal Jain is further sentenced to suffer R.I for one year and to pay a fine of Rs.3000/- i.d. to suffer R.I for three months more under Section 7(1)(a) (ii) of the said Act of 1955 read with paragraph 3 (a) and paragraph 2(c) of the said Order of 1980.

2. Both the convicts felt aggrieved and thus preferred the instant appeal. It is pertinent to mention herein that during the pendency of the appeal the appellant no.2 Hiralal Jain died and thus the instant appeal stood abetted as far as the appellant no.2, Hiralal Jain is concerned.

3. It is equally pertinent to mention herein that since the appellant Bimal Jain and/or his learned advocate did not turn up at the time of call, administrative notice was issued to the appellant Bimal Jain and despite service of such administrative notice, the said appellant had chosen not to appear and thus this Court by its order dated 14.06.2024 appointed Ms. Monami Mukherjee, learned amicus curiae to represent the appellant.

4. The way the present appellants came to be prosecuted before the trial court is required to be discussed in a nut shell for effective adjudication of the instant appeal.

5. One Jayanta Chakraborty, inspector of police, EB/WB lodged a written complaint dated 05.10.1985 with the Officer-in-Charge, Purulia (T)P.S, District Purulia to the effect that on the basis of a source information as received by him on 05.10.1985 he along with one A.K Pandey, S.I of EB/WB and other police personnel had been to the grocery shop, Shri Jain Bhander owned by appellant no.2, Hiralala Jain, since deceased at 13:15 hours on the same day where at that time the appellant no.3, Bimal Jain was looking after the business. It has been stated further in the said written complaint that at that time he called two local witnesses namely; Lakshmi Kanta Sen and Pathik Paul and thereafter served notice upon the appellant no.3, Bimal Jain and started inspecting the said shop in presence of the witnesses and the appellant no.3, Bimal Jain. In course of inspection he found that as per display of Stock-cum-rate Board the opening stock of sugar is 212 kgs as on 04.10.1985 and as per stock register of sugar the opening stock was shown as 800kg as on 05.08.1985. He however found no stock of sugar in t