IN THE HIGH COURT AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION

APPELLATE SIDE

Present:-

HON’BLE JUSTICE CHAITALI CHATTERJEE DAS.

CRA 228 OF 1991

RAM CHANDRA NANDI

VS

THE STATE OF WEST BENGAL

Amicus Curiae : Ms. Anuska Bose, Adv.

For the State : Mr. Ranabir Roy Chowdhury, Adv.

Mr. Mikrza Firoj Ahmed Begg., Adv.

Last heard on : 17.09.2025 Judgement on : 11.11.2025 Uploaded on : 11.11.2025

CHAITALI CHATTERJEE DAS, J. :-

1. This is an appeal filed under Section 374 (2) of the Code of Criminal Procedure,

read with Section 12 AB of the Essential Commodities Act by the appellant against the judgement of conviction dated June, 22, 1991 passed by the learned Judge, Special Court under the Essential Commodities Act, Contai, in E.C.A case no. 4 of 1988 thereby convicting the appellant on the charge framed for commission of offence punishable under Section 7(1) (a) (ii) of the Essential Commodities Act for alleged violation of clause 12 of the West Bengal kerosene control order, 1968 and clause 3 of the West Bengal lubricating oil licensing order, 1967 and sentencing him to suffer rigorous imprisonment for

1 year and to pay a fine of ₹2000 in default to suffer further rigorous imprisonment for 3 months.

2. The prosecution case in short is that on the basis of a complaint lodged by one G.C Bose, Sub– inspector of Police of Egra Police Station case no. 12 dated 24.7.88 was registered alleging that on 20.7.1988, said G.C Bose, along with other police officers held an inspection in the shop room of Ram Chandra Nandi, the Appellant herein which is situated at Kalna at about 10 PM. On demand, Ramchandra produced the license in respect of his business in kerosene oil but failed to produce other papers. On physical verification, 1900 litre of kerosene oil and 40 litre of mobil oil contained in a barrel were found to be stored there in and on enquiry, it was informed by said Ramchandra that the relevant papers are lying deposited with the food and supplies department.

3. On consideration of such fact, no specific case under the Essential commodities Act was lodged and he was arrested in connection with a case started under Section 41 of the Code of Criminal Procedure read with others and the commodity were seized and left in the zimma of one Kamala Kanta Nayak. Later on the informant ascertained from the local food and supply office over phone that no such papers were deposited with the side office by Ramchandra. On 24.7.19 88, Ramchandra was again interrogated, and he admitted that the papers were not actually deposited by him with the food and supply office, and then on 24.7.88, the complaint was lodged and the specific case started under section 7(1) (a) (ii) of the Essential Commodities Act against Ramchandra for violation of para 12 of the West Bengal kerosene control order, 1968 and Clause 3 of the West Bengal lubricating oil licensing order, 1967. In Course of trial, the prosecution examined 5 witnesses and excepting the plea of innocence, no other defence was taken and the Learned Court after assessing the evidences found Ramchandra guilty of the charges levelled against him and accordingly passed the order of conviction. Being aggrieved by and dissatisfied with the same judgement and order of conviction dated June

22, 1991, this criminal appeal has been preferred.

4. The Learned Amicus Curiae argued that the charge levelled against the applicant was defective and no conviction could be passed on such defective charges. Furthermore the learned judge failed to take note of the discrepancies in the evidence of the prosecution witnesses and also failed to give due weightage on the evidence of P.W.4 to the effect that raiding party arrived at the shop with the present appellant in the police jeep.

5. That apart, the Learned Judge committed an error in observing that the accused had violated the condition no.3 of the license granted under the clause 12 of W.B. Kerosin control order which required maintenance and exhibition of records on any day during inspection.