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SUBHENDU SAMANTA
IN THE MATTER OF : Sri Raj Kumar Agarwal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Subhendu Samanta, J.
1. The instant appeal has been preferred against the order of conviction passed by Learned Judge, Special Court, (EC Act) Hooghly on 9th day of January 1987 in special case no. 158 of 1985 u/s 7(1) a (ii) of the Essential Commodities Act for alleged contravention of the Para 3(2) of the West Bengal Declaration of Stock and Prices of Essential Commodities Order 1977 and sentence the appellant to suffer rigorous imprisonment for a period of 6 months and also to pay a fine of Rs. 2000/-in default to suffer further rigorous imprisonment for one month.
2. The brief fact of the prosecution case is that on the basis of source information P.W. 1, District Enforcement Officer along with some force visited and conducted raid at the Mill of the present appellant under the name and style of Paul Pure Oil Mill on 05.07.1985.
3. During the inspection it reveals that the stock of both Mustered Seeds and Mustered Oil was actually excess than it was written in the stock board. Appellant was not present, his employee namely Naren Biswas was present there who did not give any satisfactory explanation for such excess. Thereafter PW 1 has seized the Mustered Seeds and Muster
Reasonable doubt in the prosecution's case and the lack of conclusive evidence led to the acquittal of the appellant.
Strict adherence to statutory requirements under the Essential Commodities Act is essential for lawful operation, and failure to comply can lead to conviction.
Burden of proof on the accused to explain possession of essential commodities; conviction set aside due to doubt in prosecution's case regarding ownership.
The central legal point established in the judgment is the violation of the Essential Commodities Act and the West Bengal Declaration of stocks and prices of Essential Commodities Order, 1977, due to....
Prosecution must establish seizure of commodities with clear evidence; failure to weigh goods and inconsistent witness testimonies negate conviction under Essential Commodities Act.
Proof beyond reasonable doubt is required for conviction under the Essential Commodities Act, and mere assumptions or procedural lapses invalidate the prosecution's case.
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