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SHAMPA DUTT PAUL
Amitava Roy Chowdhury – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Shampa Dutt (Paul), J. - The present revision is praying for quashing of G.R. No. 2099/2018 arising out of Barasat P.S. Case No. 436/18 dated 19.06.2018 U/s-7(1)(a)(ii) Essential Commodities Act, 1955 pending before the Learned First Judicial Magistrate at Barasat, on basis of written complaint made by one Ankit Mukherjee, son of Madan Mukherjee. The said Barasat P.S. Case No. 436/18 dated 19.06.2018 was started against the petitioner on 19.06.2018. The complainant purchased petrol for his motor cycle from Rathtala Service Station, Petrol Pump, on Jessore Road under Police Station Barasat. After such purchase of the petrol he found that his motor cycle was disturbing and stopped functioning. He then went to the said petrol pump and found that many people had gathered there with their motor cycle complaining that the petrol pump authority might have supplied petrol mixed with other chemicals.
2. The petitioner a relative of one of the partners of the petrol pump who was present at the relevant time was arrested by the police and taken into custody, though the petitioner is neither owner of the petrol pump nor an employee thereof nor connected with the said business in any way
The central legal point established in the judgment is the necessity of prima facie proof of the offence, the absence of mens rea, and the burden of proof on the accused to rebut the presumption of g....
Proof beyond reasonable doubt is required for conviction under the Essential Commodities Act, and mere assumptions or procedural lapses invalidate the prosecution's case.
Partners in a firm are jointly responsible for the activities within the partnership and the liabilities arising from such activities.
Convictions under the Essential Commodities Act require proof of mens rea; minor violations without intentional wrongdoing should be treated leniently, potentially allowing the benefit of probation.
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