Form J(2)

IN THE HIGH COURT AT CALCUTTA Criminal Appellate Jurisdiction -------------

Present :

The Hon’ble Justice Prasenjit Biswas C.R.A. 177 of 1994 Swapan Kumar Panja Vs.

The State of West Bengal For the Appellant : Mr. Chittapriya Ghosh Mr. Sabyasachi Roy Chowdhury For the State : Mr. Debasish Roy, Ld. PP Ms. Faria Hossain, Ld. APP Heard on : 15.01.2026 Judgment on : 15.01.2026 (Dictated in Court Prasenjit Biswas, J.

1. The impugned judgment and order of conviction dated 15.06.1994 passed by the learned Judge, Special Court (E.C. Act) Burdwan in connection with T.R. Case No. 53 of 1991 is assailed in this appeal.

2. By passing the impugned judgment, the present appellant was found guilty for violation of provisions of paragraph 4 and 35 of the Fertilizer (Control) Order, 1985 and was convicted under Section 7(1)(a)(ii) of the E.C. Act (Act X/55) and was sentenced to suffer rigorous imprisonment for six months along with a fine of Rs. 2,000/-, and in default of payment of fine to suffer further rigorous imprisonment for two months.

3. Being aggrieved by and dissatisfied with the said impugned judgment and order of conviction passed by the learned Trial Court, the present appeal is preferred at the behest of the appellant.

4. In short compass, the prosecution case, as unfolded from the record, is delineated hereunder:—

“S.I. B. Chakraborty, D.E.O., Katwa, submitted a written complaint on 19.08.1991 alleging, inter alia, that acting upon secret information, he, along with police personnel, conducted a raid at the shop of the accused at about 9:30 a.m., under the supervision of the D.E.B. Inspector, Katwa. Upon arrival at the shop and godown of the accused, it was allegedly found that the accused was engaged in the business of fertilizers and that a huge quantity of fertilizers of different brands was stored and exposed for sale. It was further alleged that a notice was served upon the shopkeeper and, in the presence of local witnesses; physical verification of the stock was carried out. During such verification, it was noticed that no rate and stock board was displayed either at the shop or at the godown of the accused. On actual counting of the stock, certain discrepancies and anomalies were allegedly detected. In particular, no stock of “Lalan Super Phosphate” was shown in the stock register produced at the time of inspection, and the accused allegedly failed to furnish any satisfactory explanation for the said discrepancy in the fertilizer stock. On the basis of the aforesaid allegations, it was claimed that the accused had violated paragraphs 3 and 5 of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977, as well as paragraphs 3, 4, 5 and 21 of the Fertilizer (Control) Order, 1956, thereby rendering himself liable to be prosecuted under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955. Accordingly, a written complaint was lodged before the concerned police station, and the case was registered and taken up for investigation”.

5. After completion of investigation charge sheet was submitted against the accused for violation of paragraphs 3 and 5 of the West Bengal West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 and paragraphs 4 and 5 of the Fertilizer (Control) Order, 1985.

6. The accused was examined under Section 251 of Cr.P.C and the substance of accusation was read over and explained to him as the accused allegedly violated the provisions of paragraph 3(2) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 and paragraphs 4 and 5 of the Fertilizer (Control) Order, 1985 and was liable for conviction under Section

7(1)(a)(ii) of the E.C. Act (Act X/55).

7. The accused pleaded not guilty and claimed to be tried.

8. In this case five witnesses were examined by the side of the prosecution and four witnesses including the accused himself were examined on behalf of the defence. Documents were marked exhibits on behalf of both