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 , Moha