BADRUL SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellants have preferred this appeal under sec. 374 of the Code of Criminal Procedure, assailing the judgment and order dtd. 23/6/1990 passed by Learned Judge, Special Court under Essential Commodities Act, Malda, in Special Court Case No. 27 of 1989/ D.G.R Case no. 56 of 1989 where the appellants are convicted for an offence punishable under sec. 7(1)(a)(ii) of Essential Commodities Act and sentenced to rigorous imprisonment for three months and to pay a fine of Rs.500.00 each in default to suffer rigorous imprisonment for one month.

(2.) In brief, fact of the case is that on 25/10/1989 at about 9:30 A.M the two appellants were found standing at Baisnabnagar 16th Mile Crossing on N.H. 34 under Police Station Baisnabnagar and they were in possession of 504 Litres of Kerosene Oil in 13 plastic jaricanes without any license or permit. The appellants were waiting for some transport so that they could take the jaricanes containing Kerosene Oil towards Farakka. At the relevant time Bholanath Mondal a police constable of Baisnabnagar Police Station who was sitting at a tea stall noticed the appellants and on asking them they could not produced any license or document for possessing such huge amount of Kerosene. Bholanath Mondal then informed the Officer-in-Charge of Baisnabnagar Police Station which is situated close to the place of occurrence. S.I. B.B. Das, the Officer-in-Charge of Baisnabnagar reached the place of occurrence and on finding the appellants with Kerosene oil seized the jaricanes. The two accused persons along with the alamats were taken to the police station. The appellants disclosed that they were transporting Kerosene Oil for their business and had no license. The accused persons by their Acts contravened the provision of West Bengal Kerosene Control Order and committed offence punishable under sec. 7(1)(a)(ii) of Essential Commodities Act 1955. The accused persons were then arrested and a General Diary Entry bearing no. 717 dtd. 25/10/1989 was recorded at the police station.

(3.) The matter was thereafter informed to Inspector, S.P Chattoraj of D.E.B., Malda. On receiving information Inspector S.P Chattoraj visited the police station and lodged an FIR at the police station. S.I. S.K Saha investigated into the case and submitted charge sheet. Both the accused persons were examined under sec. 251 of Cr. P.C. During such examination substance of accusation relating to possessing unauthorized Kerosene Oil was stated and explained to them and the accused persons pleaded not guilty to the offence under sec. 7 (1)(a)(ii) of Act X of 1955, for contravention of Para 11(2) of West Bengal Kerosene Control Order 1968. The case was tried by the Special Court at Malda where prosecution examined 8 witnesses. Inspector Samar Pratap Chattoraj of D.E.B., Malda, the de facto complainant, has been examined as PW 1. He has proved the FIR lodged by him as Exhibit 1 and the formal FIR as Exhibit 2. The true copy of General Diary is marked as Exhibit 3. The witness deposed that he had no personal knowledge about the matter and he did not investigate into the case. Witness further deposed that S.I. S.K. Saha was entrusted to hold investigation in this case.