DILIP KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Assailing their conviction under Section 7(1)(a)(i) of the E.C. Act and Section 8 of the West Bengal Anti Profiteering Act and sentence to pay fine of Rs. 50/- each on both counts in dafault to suffer simple imprisonment for seven days as passed by the learned Judge, Special Court, E.C. Act, Murshidabad in E.C. Case No. 59/86 on 15.12.90 the accused/petitioners hereinabove has preferred this Revisional Application on multifarious ground.

(2.) Shri Ashraf Ali, learned Judge for the petitioner has submitted that the learned Judge failed to comply with the provisions of Section 354 of the Code of Criminal Procedure (hereinafter referred to as the said Code) since he did not formulate the point for decision to be arrived at. Thereafter, he submitted that the learned Judge did not correctly appreciate the evidence and other materials on record and came to his finding on erroneous appreciation of the same. Shri Ali further submitted that the learned Judge did not specifically state with regard to the violation of the particular Control Order for which the accused/petitioners were found guilty. He also submitted that the ingredients of the offences of both the Sections for which the accused/petitioners were found guilty were not made out.

(3.) The learned Junior Government Advocate appearing on behalf of the State submits that the conviction and sentence imposed by the learned Trial Judge should not be disturbed in this Revisional Application as the learned Judge has carefully considered the entire appeal of the matter and evaluated the evidence and have come to his conclusion which does not merit any interference. She has prayed for dismissal of the Revisional Application.