SANYASHI SARDAR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 18th June, 1987 passed by the learned Special Judge under the Essential Commodities Act in Special Case No. 75 of 1986 convicting the appellant for commission of offence punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (hereinafter referred to as the 'Act of 55') for violating the provisions of para 3(1) and (2) of the West Bengal Imported Vegetable Oils (Prohibition of unauthorised Sale) Order, 1984 (hereinafter referred to as the 'Order of 1984') and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/ - in default to suffer rigorous imprisonment for one month.

(2.) PROSECUTION case, as alleged, against the appellant is that on 27th August, 1986 at about 11 -55 a.m., D.B. Das, S.I of police attached D.E.B., North 24 Parganas (P.W.5) while on patrol duty on Rajarhat -Baguiati Road near Rajarhat cement factory along with P.W. 3 (Bholanath Nandy) and one Ranjit Jadav found that the appellant was coming on a cycle from Baguiati side with two bags on the cycle. The appellant was detained by P.W. 5 near the cement factory. The bags were opened and four tins of imported rapeseed oil were found in the bags. The appellant failed to produce any licence for carrying rapeseed oil. Four tins of rapeseed oil were seized under the seizure list P.W. 5 also took sample in a bottle from the seized oil which was duly sealed and labelled and the witnesses put their signatures on the label. The appellant was arrested and on the basis of written complaint of P.W. 5 (Exhibit 3), Rajarhat Police Station case No. 18 dated 27th August, 1986 was registered. In course of investigation, the sample of oil was sent for chemical examination and upon analysis it was found to contain imported rapeseed oil. Accordingly, charge sheet was filed against the appellant under Section 7(1)(a)(ii) of the Act of 55 for violating the provisions of para 3(1) and (2) of the Order of 1984.

(3.) IN conclusion of trial, the trial Judge by judgment and order dated 18th June, 1987 convicted the appellant for commission of offence punishable under Section 7(1)(a)(ii) of the Act of 55 for violating the provisions of para 3(1) and (2) of the Order of 1984 and sentenced him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/ - in default to suffer rigorous imprisonment for one month more.