PANCHANAN JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction and sentence passed by the learned Judge, Special Court (E.C. Act), Midnapore in D.E.B. G.R. Case No 44 of 1984 on 13.05.1988.

(2.) Briefly stated, the prosecution case is that on receipt of an information, S.I. B. K. Nath (P.W.1) being accompanied by other police personnel raided the godown of the appellant/accused at Mouza Barada, P.S. Ghatal, Dist. Midnapore on 17.10.84 between 12.30 p.m. and 1.30 p.m. and after checking and physical verification found the stock of articles in respect of kerosene oil, light diesel oil and loose mobil oil tallied with the Stock-cum-Rate Board displayed in the godown. But during thorough checking, 17 full barrels of 200 litres each and one half barrel of H. S. D. Oil were found kept concealed on the south-west corner of the godown, for which the accused could not produce any licence or documents or any valid paper for dealing with the same. So, the accused was arrested and the said barrels of H.S.D. Oil along with other articles were seized on account of violation of the provisions of paragraphs 3(5) and (7) of the West Bengal Motor Spirit and High Speed Diesel Oil (Licencing, Control and Maintenance of Supplies) Order, 1980 with a view to prosecuting under Section 7(1 )(a)(ii) of Act X/55. The appellant/accused was accordingly charged under Section 7(1)(a)(ii) of Act X/55 for violation of the aforesaid provisions of the Order.

(3.) The defence case, as suggested to P.Ws. and as contended by the accused during his examination under Section 313, Cr.P.C., is that the seized 18 barrels did not contain H.S.D. Oil but light diesel oil and he has been falsely implicated in this case.