Back
SUBHENDU SAMANTA
In the Matter of: Dilip Kumar Rana – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
The instant appeal has been preferred against the judgment and order dated 22.08.1989 passed by Learned Special Judge (EC) Act Midnapur in DEBGR case No. 31/85 convicting thereby the present appellant u/s 7(1) (a) (ii) of the Essential Commodities Act 1955 and sentence him to suffer rigorous imprisonment for 06 months and to pay a fine of Rs 500/- in default to suffer rigorous imprisonment for one month. The brief fact of the prosecution case is that on 22.06.1985 between 9:50 Hrs. And 13:35 Hrs. One Mani Sarkar, Inspector, DEO Midnapur (FW 10) (complainant) inspected business place of the appellant at Kanchanpur, Keshiari, Midnapur. It has been alleged that shop was closed from 20.06.1985 to 22.06.1985 as such the complainant along with other police officers broke upon the door and found 21 quintals of rice excess in comparison with the stock-cum-rate board, 35kg. Mastered oil, 15kg. Dalda, 99 kg. Rapeseed oil in huge tins of STC brand and another 24 Kg. In open tin and 17 bags of washing soap in the godown. It has been further alleged that all the commodities were seized and were kept in jimma of one Bibhuti Bhusan Panigrahi. The complainant endorsed the case to one P.C.
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....
Conviction upheld under the Essential Commodities Act with modified sentencing based on evidentiary support.
Strict adherence to statutory requirements under the Essential Commodities Act is essential for lawful operation, and failure to comply can lead to conviction.
Proof beyond reasonable doubt is required for conviction under the Essential Commodities Act, and mere assumptions or procedural lapses invalidate the prosecution's case.
The prosecution must prove possession and compliance with legal procedures beyond reasonable doubt for a conviction under the Essential Commodities Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
