AMAR KANTI MAJUMDAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application, under Section 397 read with Section 401 of Cr.P.C., is directed against the judgment and order dated 11.04.2008, passed by learned Addl. Sessions Judge, Khowai, West Tripura, in Criminal Appeal 4(2) of 2008, where-under, the learned Addl. Sessions Judge upheld the judgment and order of conviction and sentence dated 12.03.2008, passed by learned Judicial Magistrate 1st Class, Khowai, West Tripura, in Case No. GR 184 of 2006, under Section 7(1)(a)(ii) of the Essential Commodities Act.

(2.) Heard learned counsel Mr. S. Kar Bhowmik for the petitioner and learned Addl. P.P., Mr. R.C. Debnath for the State-respondent.

(3.) Prosecution case is that, on 27.11.2006 at about 4/5:00 p.m., P.W.5 Sri Pradip Bhowmik, Inspector of Food, Teliamura, West Tripura along with Maniklal Baidya, DCM, Teliamura in presence of other witnesses, raided the shop of accused-petitioner Amar Kanti Majumdar at Teliamura market and recovered two nos. of refilled LPG cylinders, one empty LPG cylinder and 400 Liters of Kerosene Oil from his shop and on query by the Food Inspector, said Amar Kanti Majumder could not give any account or show any valid document for keeping in possession of such LPG cylinders and Kerosene Oil. It is the case of the prosecution that the Food Inspector, Pradip Bhowmik seized the LPG cylinders and Kerosene Oil by preparing seizure list in presence of witnesses and thereafter lodged the FIR before the O.C., Teliamura P.S. and handed over the seized article to the O.C. of the P.S. Teliamura P.S. Case No.78/2006 under Section 7(1)(a)(ii) of the E.C. Act,1955 was registered and S.I. Akhtar Hossain took up the investigation.