BUDHADEB MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against an order of conviction under Sec. 7(1) (a) (ii) of the Essential Commodities Act for violation of para 3(1) (2) of West Bengal Imported Vegetable Oils (Prohibition of unauthorized sale) order 1984 and sentence to suffer rigorous imprisonment for 3 months and to pay a fine of Rs.500.00 each in default to suffer further rigorous imprisonment for 15 days passed by the learned Judge, Special Court (E.C. Act), Midnapore by judgment and order dated the 17/11/1989 in D.E.B.G.R. Case No. 44 of 1987.

(2.) The prosecution case in short is that on 15/10/1987 at 13.45 hour the complainant A.D. Bhuniya, S.I. of Police and his party had been to the grocery shop of the appellant and seized three tins of rapeseed oil from front of the shop. One Kanchan Chowdhury and others reported that the accuseds were selling rapeseed oil without licence. The complainant then filed a complaint with Debra Police Station for offence punishable under Secton 7 (1) (a) (ii) of Essential Commodities Act 10 of 1955 for violating the provision of para 13 (a)(b) of the West Bengal Pulses Edible Oil Seeds (Edible Oils) Licensing Order, 1978.

(3.) The learned Judge failed to consider that the evidence on record shows that the three tins of oil were not seized by the Police from the shop of the appellants but they were seized from the shop of Krishnagopal Das.