HARENDRA NATH CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against a judgment and order dated 29.2.2008 passed by a learned Single Judge of the High Court of Calcutta allowing the appeal in part preferred by the appellant herein from a judgment and order of conviction and sentence dated 16.3.1993 passed by the learned Judge, Special Court (E.C. Act), Hooghly, West Bengal in Special Court Case No. 12 of 1991 convicting him under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (hereinafter called and referred to, for the sake of brevity, as "the Act") reducing the sentence imposed on him from rigorous imprisonment for six months and to pay a fine of Rs. 2,000/- in default to suffer R.I. for another one month to suffer R.I. for three months and to pay fine of Rs. 2000/- in default to suffer R.I. for 15 days.

(3.) Appellant was a dealer in kerosene oil having been granted licence in terms of the provisions of the West Bengal Kerosene Control Order, 1968 (for short, "the 1968 Order") made by the State of West Bengal in exercise of its powers conferred by Sub-section (1) of Section 3 of the Act read with clauses (d), (e), (h) and (j) of Sub-section (2) of that Section and Section 7(1) thereof as also the Order No. 26(11)-Com.Genl/66, dated 18th June, 1966.