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2017 Supreme(Online)(Cal) 32

CALCUTTA HIGH COURT
Unknown Judge, J
Tarak Nath Keshari v. State of West Bengal


Advocates:
For the Appellants/Petitioners: Ms. Anasuya Sinha
For the Respondents: Mr. Saryati Dutta

Table of Content
1. conviction under essential commodities act established due to seizure. (Para 1 , 2 , 3 , 4 , 5)
2. defense challenges prosecution evidence and seeks acquittal. (Para 8 , 9)
3. court finds prosecution evidence sufficient to uphold conviction. (Para 17 , 18)
4. sentence modified due to lack of prior criminal history. (Para 20 , 21)

1. Judgment and order dated 29.07.1986 passed by Learned Judge, Special Court, Barasat, North 24 Parganas under Essential Commodities Act , in Special Case No. 93 of 1985 convicting the appellant for commission of offence punishable under S.7(i)(a)(ii) of the for violation of the provisions of Paragraphs 3(1) of the West Bengal Pulses, Edible Oilseeds and Edible Oils (Dealers Licencing) Order, 1978 (hereinafter referred to as Orders of 1978) and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rupees Rs.1000/- in default to suffer further rigorous imprisonment for three months more has been assailed.

2. The prosecution case as levelled against the appellant is to the effect that on 20.08.1985 at about 11 A.M. P.W.6, D.K. Dutta, S.I. of police attached to D.E.B. Naihati Zone inspected the grocery shop of























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