1. Judgment and order dated 29.07.1986 passed by Learned Judge, Special Court, Barasat, North 24 Parganas under Essential Commodities Act , in Special Case No. 93 of 1985 convicting the appellant for commission of offence punishable under S.7(i)(a)(ii) of the for violation of the provisions of Paragraphs 3(1) of the West Bengal Pulses, Edible Oilseeds and Edible Oils (Dealers Licencing) Order, 1978 (hereinafter referred to as Orders of 1978) and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rupees Rs.1000/- in default to suffer further rigorous imprisonment for three months more has been assailed.

2. The prosecution case as levelled against the appellant is to the effect that on 20.08.1985 at about 11 A.M. P.W.6, D.K. Dutta, S.I. of police attached to D.E.B. Naihati Zone inspected the grocery shop of the accused along with P.W.3, Inspector of police attached to D.E.B. North 24 Parganas and two constables, P.W.4 & P.W.5 respectively. Upon inspection they found mustard oil weighing 605 kg. and vegetable oil 195 kg. in the shop of the appellant. The appellant was present in the shop but failed to produce any licence or permit for carrying on tr