Form No. J.(1)

Item No.243 Court No. 1

KS

IN THE HIGH COURT OF JUDICATURE AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION

APPELLATE SIDE

HEARD ON: 03.09.2025

DELIVERED ON: 03.09.2025

CORAM:

THE HON’BLE JUSTICE CHAITALI CHATTERJEE (DAS)

C.R.A. 145 of 1989

Sew Pujan Das & Anr.

Vs.

The State of West Bengal

Mr. Yuvraj Chatterjee ………For Amicus Curiae

Mr. Ranabir Roychowdhury

Ms. Snigdha Saha ………..For the State

JUDGMENT

(Judgment of the Court was delivered by Chaitali Chatterjee (Das) J.)

1. This instant criminal appeal is filed against the judgment and order dated 28th March,

1989 passed by learned Second Special Judge, E.C. Act, Calcutta convicting the accused/appellants under Section 7(1)(a)(ii) of the Essential Commodities Act for violation of para 3(2) of the West Bengal Imported Vegetable Oil (Prohibition of unauthorised Sale) Order, 1984 and accordingly, sentenced the appellant no.1 to suffer

Rigorous Imprisonment for three months and to pay a fine of Rs.500/-.

2. In this case, Mr. Yuvraj Chatterjee, learned advocate has been appointed as Amicus

Curiae and has submitted that the judgment and order passed by the learned Court is per se illegal and is liable to be set aside on the ground that the seizure list on the basis of which the alleged goods were seized did not follow the relevant procedure of the Code of Criminal Procedure. No local witnesses signed in the said seizure list.

Moreover, no quantity of the said seized as alleged to be rapeseed oil was not collected as a sample and was never forwarded to F.S.L. and no such report was ever placed before this Court. The learned Court considering the said seizure list and the evidence adduced by P.W. 2 and P.W. 4 conducted search and seizure passed such order of conviction.

3. The learned Prosecution submitted that the witnesses were examined to prove the case and after assessing the evidence, the learned Trial Court passed such order of conviction. Accordingly, the order was passed following all the procedure and this appeal is liable to be rejected.

4. Heard the submission and perused the materials on record.

5. On perusal of the judgment passed by the learned Trial Court it is seen that on 12th July, 1987 at about 9:45 hours two tins of imported refined rapeseed oil each weighing about 15 Kgs. were seized from the possession of the accused/Sew Pujan Das. On enquiry it was learnt that the accused/ Durga Prosad Show supplied the aforesaid rapeseed oil to Sew Pujan Das for unauthorized sale. On 13th July, 1987, between 10:30 and 11:00 hours about 157 Kgs of rapeseed oil were found in the stock in a chakki shop at 106/1, Beniatola Street of which the accused was the owner without any lawful authority for sale. Accordingly, both the accused violated the provision of paragraph 3(2) of the West Bengal Imported Vegetable Oil (Prohibition of Unauthorised Sale) Order, 1984 having in their possession without any lawful authority.

6. Further investigation, a prima facie case was made out and both the accused persons were examined under Section 251 of the Code of Criminal Procedure to which they pleaded not guilty and claimed to be tried. Accordingly, the trial commenced in this case.

7. In order to bring home charges, the prosecution adduced four witnesses and relied upon Exhibit I to VIII in support of the case. The defence case as tried to make out as appears from the cross-examination as well as the evidence adduced under Section 313 of the Code of Criminal Procedure made by the accused persons i.e. two tins of oil were given by the owner of Chanachur factory and he was carrying those tins. The entire case rests on the two seizure lists, which are marked with Exhibit – II and Exhibit – III respectively. The Exhibit – II, seizure list shows that two tins of rapeseed oil containing 15 Kgs each were seized from the accused on 12th July, 1987. This document was marked with Exhibit – III. The other seizure list shows the seizure of 18 tins of rapeseed oil and one loose polythin container of rapeseed oil in total abou