NIRANJAN SARKAR 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.6/95 (D.G.R. No.6/95) convicting the appellant for the offence punishable under Section 7(i) (a) (ii) of the Essential Commodities Act and sentenced to suffer rigorous imprisonment for six months and seized diesel be confiscated to the State.

(2.) The prosecution case in short is that one A.S.I., Man Kumar Rai of Raiganj police station received information that some villagers of that area were carrying diesel oil from India to Bangladesh clandestinely and he raided the house of one Niranjan Sarkar of Kadamtala at around 10.35 hrs on 10th May, 1995. On seeing the police, the appellant, Niranjan, fled away but one barrel full of diesel weighing 200 litres of diesel was found at the courtyard of his house. F.I.R. was lodged on the same day and ultimately charge-sheet was submitted on 16th June, 1995 being Charge sheet no. 108 dated 16/06/1995, F.I.R. No. 201/95 dated 10/05/1995. Charges were framed for the offence punishable under Section 7 (i)(a)(ii) of the Essential Commodities Act. The appellant pleaded not guilty of the charges 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 Having heard the submission of the learned Advocates for the parties and perusing the deposition of the witnesses wherefrom it can clearly be seen that a barrel containing 200 litres of diesel oil was seized by the police from the premises of the appellant but no other document requiring diesel oil in relation to any business transaction can be seized by the raiding party. The appellant being an agriculturist, as deposed by the witnesses, requires diesel oil for running and tilling the tractor on the said agricultural land and for operating shallow water pump to irrigate his agricultural land.