GOURANGA CHANDRA RUDRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This case demonstrates how the State has indulged in wasteful expenditure by launching a prosecution for alleged minor technical violation of Para 3(2) of West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 and conditions of licence under West Bengal Pulses & Edible Oils (Dealer Licensing) Order, 1978.

(2.) Shortly stated, the facts are that on 9/11/83 at about 10-30 A.M. District Enforcement Officer along with some other police personnel checked the shop-cum-godown of accused Gouranga Chandra Rudra situated at holding No. 37, Ward No. 6, Rathtola, P.S. Ranaghat in presence of public witnesses after getting some information about clandestine deal in respect of Rapeseed oil and sugar. The accused was present during inspection, There was a stock-cum-price board displayed in the shop where different commodities like Ata, Salt, different types of pulses were mentioned besides Rapeseed Oil to the extent of 1135 tins. On a scrutiny of the licence, it appeared that the accused was authorised carry on business of edible oil fry the said holding. A physical verification of the articles found in the shop was made. But no rapeseed oil was found in that shop-cum-godown. After interrogation, Tusar Kanti Bose, an employee of the accused, led the police party to another godown situated in front of a rented house belonging to Paresh Goswami. The said godown was opened by the employee and the police party found the entire quantity of rapeseed oil, namely, 1135 tins kept in that godown. All the tins were of standard size. The accused failed to produce any document authorising him to keep rapeseed oil in that godown. As he violated the conditions of licence for edible oil, the entire quantity of oil along with some documents were seized by police under a seizure list. The accused was put under arrest. The same day a written complaint was made at Ranaghat Police Station at 5-50 P.M. for alleged violation of paragraph 3(2) of West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 and also of West Bengal Pulses, Edible Oil Seeds and Edible Oils (Dealers Licensing) Order, 1978. The charge-sheet was submitted under section 7(1)(a) of the Essential Commodities Act on February 18, 1984.

(3.) The defence of the accused was that accommodation in his shop-cum-godown was not sufficient for keeping such large quantity of Rapeseed Oil which was allotted to him before the Pujari for distribution and that he applied to the Sub-Divisional Controller (Food & Supplies), Ranaghat, for a direction to keep the said articles in another adjacent godown.