JUDGMENT :

Partha Sarathi Sen, J.

1. In this criminal appeal, the judgment and order of conviction dated July 26, 1989 as passed in DEBGR 17 of 1988 by the learned Judge, Special Court (Essential Commodities Act), Midnapore has been impugned.

2. By the impugned judgment and order of sentence, learned trial court found the present appellant guilty under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (hereinafter referred to as the ‘said Act’) and thus, sentence the convict to suffer simple imprisonment for two years with fine of Rs. 1,000/- i/d to suffer simple imprisonment for another period of two months.

3. For effective disposal of the instant appeal, the facts leading to the initiation of the aforesaid case is required to be dealt with in a nutshell.

4. One Santosh Kumar Chakraborty, the then Inspector of Police, DEB, Midnapore lodged a written complaint dated April 20, 1988 with the Officer-in-Charge, Sabang Police Station, Midnapore stating, inter alia, that on the basis of a secret information as received by him on the said day, he along with some police personnel attached with the Sabang P.S. held raid in the business place of one Kanailal Maity (appellant herein) wh