TARAK NATH KESHARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Delay condoned. Leave granted. The present appeal has been filed challenging the judgment of the High Court at Calcutta passed in CRA No. 327 of 1986 dtd. 4/7/2017. Vide aforesaid judgment, the judgment of the Trial Court dtd. 29/7/1986 was upheld.

(2.) The appellant was tried and convicted under Sec. 7(1) (a)(ii) of the Essential Commodities Act, 1955 (hereinafter referred to as "the EC Act") for violation of para 3(1) of the West Bengal Pulses, Edible Oil (Dealers Licensing) Order, 1978. It was on account of the fact that at the time of inspection of his grocery shop on 20/8/1985, mustard oil and vegetable oil were found to be more than the permissible limit.

(3.) The Trial Court sentenced the appellant to undergo rigorous imprisonment for a period of six months and imposed a fine of Rs.500.00. The sale proceeds of the seized oil were forfeited to the State. In appeal, the High Court upheld the conviction, however, reduced the sentence from rigorous imprisonment of six months to rigorous imprisonment of three months. However, the fine was upheld. Notice in the appeal was issued on 7/9/2018 restricted to the question of imposition of fine in lieu of or in addition to sentence.