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

The Hon’ble Justice Ananya Bandyopadhyay C.R.A. 132 of 1990 Asadul Haque -Vs-

The State of West Bengal & Ors.

For the Appellant : Mr. Swapan Kumar Mallick Mr. Sudeshna Das For the State : Ms. Faria Hossain Heard on : 22.04.2024, 17.07.2025 Judgment on : 01.08.2025 Ananya Bandyopadhyay, J.:-

1. This appeal is preferred against judgment and order dated 28.02.1990 passed by the Learned Judge, Special Court (Essential Commodities Act), Murshidabad in E.C. Case No.20 of 1989 corresponding to T.R. Case No.57 of 1989 convicting thereby the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act for violation of Paragraph 3(7) of the West Bengal Motor Spirit & High Speed Diesel Oil (Licencing Control and Maintenance of Supplies Order, 1980) and sentencing him to suffer rigorous imprisonment for 4 months.

2. The prosecution case precisely stated on 26.02.89 at about 01:00 p.m., one Patit Paban Ghosh, erstwhile S.I. of Police and D.E.O., Murshidabad searched the fertilizer shop of the appellant at Sisapara along with witnesses and found 200 litres of Diesel inside the appellant’s shop in a barrel an