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2026 Supreme(Online)(Cal) 61

CALCUTTA HIGH COURT
SWAPAN KUMAR SADHUKHAN – Appellant
Versus
STATE OF WEST BENGAL – Respondent


08-01-2026

(Court No. 550)

Kole

266059

CRA 115 of 1988

In the matter of : Swapan Kumar Sadhukhan

.... Appellant.

Mr. Soham Banerjee,

… For the amicus curiae.

Ms. Faria Hossain

Ms. B. Basu,

… for the State.

1. The instant case was initiated under Sections 7(1)(a)(ii) (Act 10) of Essential Commodities Act, 1955 for violation of provisions of para 3(2) of West Bengal Declaration of Stoks and Prices of Essential Commodities order 1977 convicting the appellant Swapan Kumar Sadhukhan, who was the owner of a fertilizer shop for keeping excess amount of fertilizer to his shop. After raiding, one S.I. of D.E.B, Hooghly lodged a complaint on 12.03.1986. After due enquiry and investigation the accused was charged for violation of provisions of para 3(2) of West Bengal Declaration of Stock and Prices of Essential Commodities order dated 1977. After holding a summary trial, the learned Judge, Special Court (EC Act), Hooghly found the accused guilty by a judgment and order dated 23.02.1988 under Sections 7(1)(a)(iii) of E.C. Act, 1955 as amended up to date and the accused was convicted and sentenced to suffer rigorous imprisonment for three months and to pay a fine of Rs. 1000/- in default to suffer further

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