The judgment emphasizes the requirement for substantial evidence and the need for corroboration of police witnesses' testimony by independent witnesses to establish guilt beyond reasonable doubt.

JUDGMENT

The instant appeal has been preferred against the judgment and order dated 23.12.1988 passed by Learned Special Judge (EC) Act Tamluk in TR 16/86 ( EGR 23/86) arising out of Panskura Police Station Case No. 2 (10/86) whereby the present appellant was convicted u/s 7(I) (a) (ii) of the EC Act for contravention of provision of Para 3(1) (a) of West Bengal Rice and Paddy (storage by Consumers) order, 1976 as well as Para 3 (i) (a) of West Bengal Rice and Paddy (Restriction of Movement) order 1976 and thereby sentencing the present appellant to undergo rigorous imprisonment for 01 month and to pay a fine of Rs. 500/- in default rigorous imprisonment for one month more.

The brief fact of the prosecution case is that the present appellant on 22.10.1986 stored 05 gunny bags of rice in about 4.25 quintals in a second class compartment of P- 38 down Panskura Horah Local at Panskura Police Station. On that date at about 09:40 a.m. he was arrested by some Railway Policeman on the alleged plea of storing 4:25 quintals of rice. On the basis of the said allegation the FIR was lodged by the PW 1 and summary trial was held by the Learned Special Judge, Tamluk. During the said trial 05 witnesses were examined by the prosecution including the de-facto complainant. The defence case is mainly based on denial of the prosecution case. After hearing the parties the Learned Special Judge has passed the impugned judgment and sentenced finding the present appellant guilty u/s 7(I) (a) (ii) of the EC Act for contravention of provision of Para 3(1) (a) of West Bengal Rice and Paddy storage of consumer order of 1967 as well as Para 3 (I) (c) of West Bengal Rice and Paddy (Restrictions on Movements) order 1967.

Being aggrieved and dissatisfied with the order and judgment and conviction the present appeal has been preferred.

The learned Advocate for the appellant submits that the order of conviction passed by the Learned Special Judge is erroneous in the eye of law. There are no valid or cogent grounds for convicting the present appellant. It could be revealed that all the prosecution witnesses are the police witnesses. No independent local witnesses were adduced in this case though the fact goes to show that the so called seizure and arrest was made in a public place in open day light. The police witnesses are interested witnesses and the Learned Special Judge should not placed reliance upon the version of the police witnesses. The recovery from the possession of the present petitioner could not be established, accordingly the order of conviction required to be set aside. The judgment and order of conviction passed by the Learned Special Court is otherwise bad in law and liable to be set aside.

The Learned Advocate appearing on behalf of the state submits that it was a summary trial before the Learned Special Judge. The trial and the prosecution case has never been challenge before the Learned Special Judge. The appellant has never produced any single witness to contradict the fact of the prosecution. The police witnesses cannot be disbelieved as there is no previous enmity between the police personnel and the present appellant. He further argued the Learned Special Judge has considered the entire materials on record and passed the impugned judgment. There is no illegality in the judgment, accordingly the instant appeal has got no merit.

Heard the Learned Advocates.

Perused the LCR also perused the evidences of PWs adduced before the Learned Special Judge.

The fact of the case goes to show that the PW 1 was posted as EDB GRPS Howrah on 22.10.1986. He conducted an anti-smuggling raid on rice at Panskura Railway Station with a notice to the GRPS Panskura. On that date at about 09:40 a.m. in the morning P-38 down Panskura Howrah Local was standing on platform no. 4 of Panskura Railway station. He along with the force entered into the Second Class Compartment. At the rare portion of the train they found 05 Gunny Bags of Rice cumulated at the entrance of the s