KHAGEN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant is convicted by the judgement and order dated 8th March, 1996 passed by the learned Judge, Special Court (E.C. Act), Raiganj, Uttar Dinajpur in Special Case No. 7/95 (D.G.R. 7/95) convicting the appellant for the offence punishable under Section 7(i) (a) (ii) of the Essential Commodities Act for violation of the provision of Motor Spirit/High Speed Diesel Licensing Control Order, 1980 and sentencing him to suffer rigorous imprisonment for six months and seized diesel be confiscated to the State.

(2.) The prosecution case in short is that on 10th May, 1995 receiving an information that the appellant had stored huge quantity of diesel oil at his residence, a team of police officers raided the house of the appellant and found 200 litres of diesel and on enquiry, the appellant informed the police that he was the owner of two bighas of agricultural land and he used diesel for the pump-set to irrigate the land and tractor to plough the same. An FIR case being 202/95 dated 10/05/1995 was initiated against the appellant and the case was placed before the learned Judge, Special Court (EC Act), Raiganj, Uttar Dinajpur. Under Section 215 of the Code of Criminal Procedure it was alleged that one barrel containing 200 litres of diesel was found at the courtyard of the appellant and he has failed to produce any valid document or account for the possession of diesel oil. The appellant pleaded not guilty of the charge levelled against him and claimed to be tried of his innocence.

(3.) Heard learned Advocate for the appellant and the learned Advocate for the State.