IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:-

HON’BLE JUSTICE CHAITALI CHATTERJEE DAS.

CRA 128 OF 1994 PROMODE KUMAR GUPTA VS STATE OF WEST BENGAL For the Amicus Curiae : Mr. Asif Dewan, Adv.

For the State : Ms. Sreyashee Biswas, Adv.

Last heard on : 03.12.2025 Judgement on : 16.12 .2025 Uploaded on : 16.12.2025 CHAITALI CHATTERJEE DAS, J. :-

1. This appeal has been filed under Section 374 (2) of the Code of Criminal Procedure against an order of conviction and sentence dated April 7, 1994 passed by the Learned Special Court (EC) at Alipore in special case no. 4 (5) (90) in connection with Ultadanga Police Station case no 54 dated May, 22,1990 where by order of conviction was passed against the present appellant under Section 7 (1) (a) (ii) Essential Commodities Act (X/55) for alleged violation of para 3 (2) of the West Bengal Declaration of Stock and Prices of Essential Commodities Order 1977 and sentencing the appellant/accused a minimum sentence of 3 months and forfeiture of the seized Musur Dal and Kalai Dal.

Brief fact

2. The prosecution case in nutshell is that on May 22,1990 a raid was held at the shop of M/s Anathnath Bhander at 24/B , Mohanlal Street, P.S. Ultodanga by the Enforcement Branch Officer and found 5/6 bags of Musur Dal and 3 bags of Kalai Dal to be in excess as per stock register of the said shop. Further the case is that the said stock was not been displayed in the stock cum rate board of the shop in question and on such allegation the case was rated against the petitioner/appellant on the ground of violation of para 3 (2) of the West Bengal Declaration of Stock and Prices of Essential Commodities order 1977 and on such allegation petitioner was arrested and charge sheeted under Section 7 (i) (a) (ii) of the E.C Act. The appellant was examined under Section 251 of the Code of Criminal Procedure and pleaded not guilty accordingly the trial commenced. Three witnesses were produced by the prosecution and considering the evidence and the submission advanced the Learned Court found the appellant guilty of the said offences and passed the aforesaid order of conviction. Submissions

3. The Learned Amicus Curiae as appointed the submits that there is no ingredient in support of the alleged violation of para (2) of the West Bengal Declaration of Stock and Prices of Essential Commodities order, 1977 having been substantiated by the evidence on record laid by the prosecution, the impugned order of conviction and sentence is patently illegal and based on no evidence. It is further submitted that the prosecution case is in consistent and self-contradictory and therefore it is liable to be set aside. It is the contention of the Learned Advocate that under the said order 1977, a shop keeper is not liable to keep and show the accurate quantity in the stock register as well as the stock prices board. It is argued that the Learned Judge fail to consider that the prosecution could not explain as to why another private witness namely Suresh Kumar Shop was not examined and erroneously held the evidence adduced by the private witness has got no value. Hence prayed for setting aside the order of conviction.

Analysis

4. In order to prove the case of the prosecution adduced three witnesses. P.W. 1 Paresh nath Shaw on S/A deposed that he knew the accused being the owner of the shop and he identified him. He further said that E.B. Police came to his shop about 3 years back and he identified his signature in the weighment and in the copy of stock board. The witness further depose that he does not know what happen in the shop and then he was declared as hostile by the prosecution. The P.W.2 Tushar Kanti Shaw on S.A deposed that he was the inspector of rationing under Food and Supply Department on the basis requisition of E.B and he visited the shop name and styled as Anathnath Bhander at 24 B Mohanlal Street and after going there he found E.B encircled the shop and there was excess of 6 bags of musur da