MURARILAL AGARWALLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE application being no. CRR 352/91 under section 482of the Cr. p. c. was filed on 11th February 1991 by the petitioner, an accused in connection with Enforcement Branch Case No. GR Case No. 29/85 corresponding to Hirapur PS Case No. 3 dated 6th June 1985 under section 7 (1) (a) (ii) of the Essential Commodities Act 1955 now pending before the learned Judge, Special Court (EC Act, Asansol) for quashing of the proceeding on the ground that the learned Judge continuation of the proceedings beyond the statutory period of time.

(2.) THIS is the sole ground agitated before this court in support of the application. I have heard Mr. Swapan Banerjee, learned Advocate appearing for the petitioner and Mr. Avijit Auddy, learned Advocate appearing for the State of West Bengal.

(3.) ON 5th June 1985 and 6th June 1985 a raid was conducted in the godown of the petitioner who was a proprietor of M/s. Muralilal Jugal Kishore and partner of M/s. Darakaprasad Vudarmal and Darakaprasad Vudarmal. The petitioner and his partners were running business of kerosene oil at Burnpur under Hirapur PS. It was found that they were carrying on in a clandestine manner the said of business of kerosene oil and engaged in black marketing and mal practice for illegal profit. The raid was conducted in the godown. They were asked to produce license to deal with kerosene oil, stock and rate board, stock register, daily sale register, credit memo book, cash memo book, weekly return, allotment chart and other documents by issuing two notices under para 15 (c) of the West Bengal Kerosene Control Order 1968. The extensive search revealed glaring discrepancies. It appeared that the petitioner secretly stored in the underground tank kerosene oil which he could not account for. machine and it was fond that total quantity of 14281 ltrs. Of kerosene oil was kept in 72 barrels while the other quantity of 188 ltrs. of kerosene oil was found as dead stock inside the underground tank which could not be pumped out. Thus FIR was lodged for violation of the condition of license under the W. B. K. Control Order 1968, para 12 (1), 12 (2) (2) thereof para 3 (2) of West Bengal Declaration of Stock and Prices of Essential Commodities Order 1977 and thereby committed offence punishable u/s 7 (1) (a) (ii) of Act x/55. The petitioner and some other accused persons were arrested and produced before the learned Judge, Special Court under the EC Act on 7. 6. 85 and subsequently released on bail. Certain orders of the learned Judge, Special Court have been produced to show that at subsequent stage warrant of arrest was issued against the accused persons.