JUDGMENT :

(Partha Sarathi Sen, J.) :

1. In this appeal the judgment of conviction and order of sentence both dated 18.05.1992 as passed by learned Judge, Special Court (E.C. Act), Howrah in S.C.T. case No. 57 of 1988 has been assailed. By the impugned judgment the learned trial court found the accused, Murari Mohan Das guilty under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (hereinafter referred to as the said ‘Act’) and thus sentenced the said accused to suffer R.I. for three months and to pay fine of Rs., 1.000/-i.d. to suffer further imprisonment of 15 days.

2. The accused felt aggrieved and preferred the instant appeal.

3. In support of the instant appeal Ms. Priyadarshee, learned amicus curiae who has been appointed by this Court to argue on behalf of the appellant at the very outset draws attention of this Court to the written complaint as lodged in this case. Attention of this Court is also drawn to the evidence of the prosecution witnesses. It is argued on behalf of the appellant that from the deposition of the prosecution witnesses more specifically from the evidence of P.W. 2 it would reveal that proper procedure was not followed while seizure of the alleg