JUDGMENT :

ANANYA BANDYOPADHYAY, J.

1. This appeal is preferred against the judgment and order dated 23.12.1987 passed by the Learned Judge, Special Court (under the Essential Commodities Act), Midnapore, in D.E.B.G.R. Case No. 31 of 1984 arising out of Jamboni Police Station Case No. 1(8)84 dated 02.08.1984 convicting the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 and sentencing him to simple imprisonment for one year and a fine of Rs.1000/- in default simple imprisonment for 1 month.

2. The prosecution case precisely stated on 02.08.1984, the complainant accompanied with raiding party inspected the shop-cum-godown of the appellant at about 14:30 hours and noticed 87 bags of wheat containing 100 kgs each bag, 4 bags of “Ata” containing 100 kgs in each bag, 4 tins of Coconut oil containing 15 kgs each and 5 bags of Musur Dal containing 75 kgs each in the said shop-cum-godown of the appellant. A stock-cum-rate board displayed in the said shop-cum-godown did not depict the price and quantity of the essential commodities. The stock and register was filled up to 21.07.1984. Books of accounts in respect of edible oil and pulse were absent. The appellant comm