NARAYAN CHANDRA GARAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is at the instance of a conflict and is directed against the judgment and order of conviction dated 6 -8 -1988 passed by Sri Arun Kr. Sen. Judge, Special Court. E.G. Act, Nadia in E.G. cases No. 20/88.

(2.) : The facts leading to the prosecution of this convict (hereinafter referred to as the appel1ant) are that on 27 -5 -1988 between 17.30 hrs. to 18.15 hrs.: the complainant that is the D.E.O. Chapra alongwith other officers had been to the grocery shop of the appellant. At that time the appel1ant was found conducting the business of the shop. No rate cum stock board was found displayed in the shop of the appellant. On a search in the shop of the accused, 53 litres of kerosene oil in 4 containers were found. Three containers each containing 15 litres of kerosene oil and in another containers. 3 and 1/2 litres of rape -seed oil was found. The appellant could not produce any licence or any authority for the possession of the said kerosene or rape -seed oil. Thus the appellant had violated the provisions of Para (4) of the West Bengal Kerosene Control Order. 1968 which is punishable under Section 7 (l) (a) (ii) of the Essential Commodities Act, 1955. The D.O. lodged the complaint. The case was investigated and ended in a charge -sheet. The trial commenced before the learned Special Judge. E.C. Act. The appellant proved not guilty. The Judge, Special Court after having considered the evidence on record and the materials found the appellant guilty under the above findings and convicted and sentenced him R.I. for 2 years and pay a fine of Rs. 2.000/ - in default to suffer R.I. for 6 months more with a further direction for confiscation of the seized articles.

(3.) THE points for consideration in this appeal is whether the instant judgment and order of conviction is sustainable before this Court.