NATENDRA NATH GIRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of a convict (hereinafter referred to as the appellant) and is directed against a judgment and order of conviction passed by A.K. Dutta, Judge, Special Court (E.C. Act.) dated 14.7.1988, Contai, in E. C. Case No. 9 of 1986.

(2.) The facts leading to the prosecution of this appellant are that on 29.7.86 at 9.45 a.m. the complainant along with others went to Marisda Bazar and held a raid at the kerosene oil shop of the accused person who is a dealer in Kerosene oil. The raiding party found one barrel containing 149 litres of Kerosene oil. They also found six barrels of H.S. diesel containing 900 litres in an adjoining room. On the stock-cum-rate board 206 litres of kerosene oil was shown as balance of the date concerned. But, on physical verification, the actual balance stock of oil was found to be 149 litres. The accused person could not produce any cash memo for the remaining 57 litres of kerosene oil. He failed to produce any paper excepting the dealer's license on notice. The accused person also stored H. S. diesel of 980 without any license. One barrel containing 149 litres of kerosene oil and six barrels of H. S. diesel, one funal, one measuring instrument, one open barrel, 3 empty bottles and the (Page-2) license of the dealer were all seized in presence of the witnesses. The kerosene oil and the diesel oil were measured with the help of the measuring instrument. Kerosene oil and diesel oil were left in the Zimma of a local man named Achinta Kumar Mishra. The samples of both the oil were taken and sent to the expert of chemical examination.

(3.) Hence, a case under section 7(1)(a)(ii) of Act 10 of 1955 has been drawn up against the accused persons for violation of conditions of paragraphs 3 and 4 of license and violation of provisions of paragraphs 3, 4 and 12 of West Bengal Kerosene Oil Control Order, 1968 and also Clause 7 of paragraph 3 of West Bengal Motor Spirit and H.S. Diesel (Licensing Control and Maintenance of Supplies) Order, 1980 against accused Natendranath Giri son of Sri Hemanta Giri of Marisda Bazar, P.S. Contai.