PATIT DHIBAR Vs. STATE

JUDGEMENT

(1.) This revisional application is directed against the order dated 22-9-1984 passed by Shri D. Dutta Gupta, the learned Judge, Special Court at Asansol in T. R. No. 24 of 1984 convicting the petitioners under S.7(1)(a)(ii) of the Essential Commodities Act, 1955 and sentencing them to 3 months' R.I. and also to a fine of Rs. 200/- each, in default to R.I. for 15 days more.

(2.) The prosecution case seems to be that S.I. S.K. Ganguly of Sripur I/C attached to Jamuria Police Station (P.W. 3) and others including one Constable (P.W. 1) held a raid at Satgram village when they found 30/35 persons under the leadership and guidance of the accused Monoranjan Banerjee, since acquitted, engaged in cutting coal by extraction of earth from Satgram open quarry with pick axe, baskets etc. On seeing them the said persons started running away when the police party managed to arrest the present two petitioners. Some amount of coal and some implements were seized by the Police. Ultimately they stood their trial in the court of the learned Special Judge for allegedly violating Cls.12E and 14 of the Colliery Control Order, 1945 punishable under Section 7(1)(a)(ii) of the Essential Commodities Act.

(3.) In the trial that followed, the prosecution examined 3 witnesses including S.I., Ganguly and one of the Constables who allegedly accompanied him during the raid (P.Ws 1 and 3). The learned Judge relying upon their evidences has held the prosecution case fully established against the present petitioners. Holding further that Cl.14 but not Cl.12E of the Colliery Control Order, 1945 was violated by the present petitioners, he has sentenced the petitioners under S.7(1)(a)(ii) of the Essential Commodities Act, 1955 in the manner stated above. Hence, the present petition for revision.