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IN THE HIGH COURT AT CALCUTTA
PRASENJIT BISWAS
Kamal Kumar Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Prasenjit Biswas, J.
1. The impugned judgment and order of conviction dated 19.01.1998 passed by the learned Judge, Special Court (under E.C. Act), Malda in connection with D.G.R. Case No. 66 of 1995 is assailed in this appeal.
2. By passing the impugned judgment, this appellant was found guilty for commission of offence punishable under Section 7 (1)(a)(ii) of the Essential Commodities Act and he was sentenced to suffer rigorous imprisonment for six months along with a fine of Rs. 2,000/-, in default of payment of fine to undergo further rigorous imprisonment for one month.
3. Being aggrieved by and dissatisfied with the said impugned judgment and order of conviction, the present appeal is preferred at the behest of the appellant.
4. For the sake of brevity, the prosecution version is summarized hereunder:-
“The case was started on the basis of a complaint lodged by the defecto complainant stating, inter alia, that on 03.11.1995 in between 12 hours and 13:45 hours, a raid was conducted in the shop-cum-godown of the accused, Kamal Kumar Das. The raiding team had seized 62 bags of boiled rice, 9 bags of boiled rice and 20 bags of atta from the godown-cum-shop of the accused an
Prosecution must establish seizure of commodities with clear evidence; failure to weigh goods and inconsistent witness testimonies negate conviction under Essential Commodities Act.
The prosecution must prove intentional violation of regulations, and mere ownership does not imply liability when the owner is incapacitated.
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 prosecution must prove guilt beyond a reasonable doubt for a conviction under the Essential Commodities Act, which was not established in this case.
The prosecution must prove beyond reasonable doubt that the accused was engaged in illegal dealings for a conviction under the Essential Commodities Act.
Strict adherence to statutory requirements under the Essential Commodities Act is essential for lawful operation, and failure to comply can lead to conviction.
Criminal Law - Unauthorized possession of 12 bags of PDS rice, each bag containing 50 kg and beer bottles from house of petitioner - Section 7 of E.C. Act, 1955 it is clear that said section provides....
The prosecution must prove possession and compliance with legal procedures beyond reasonable doubt for a conviction under the 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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