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

The Hon’ble Justice Ananya Bandyopadhyay C.R.A. 302 of 1991 Mahendra Prasad Shaw -Vs-

The State of West Bengal For the Appellant : Mr. Sujoy Sarkar For the State : Ms. Faria Hossain Heard on : 09.02.2024, 10.04.2024, 04.07.2024 Judgment on : 25.04.2025 Ananya Bandyopadhyay, J.:-

1. This appeal is preferred against the judgment and order dated 19.08.1991 passed by the Learned Judge, Special Court (E.C. Act), Barasat, North 24 Parganas in Special Case No.73 of 1989 arising out of Jagaddal police station Case No.285(6)89 convicting the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for alleged violation of paragraph 4 and 11(2) of West Bengal Kerosene Control Order, 1968 and paragraph 3 of West Bengal Pulses, Edible Oil Seeds and Edible Oils (Dealers Licensing) Order, 1978 and paragraph 3(1)(2) of West Bengal Imported Vegetable Oil (Prohibition of unauthorized sale) Order, 1982 and Paragraph 3(2) of West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 and sentencing him to suffer rigorous imprisonment for 4 months and to pay a fine of Rs.500/- in default to suffer rigorous imprisonment for 1 month more and seized articles of their sale proceed might be forfeited to the State.

2. The prosecution case precisely stated that one Inspector of the D.E.B., A.N.

Ojha (now deceased) lodged a written complaint with the O.C. of Jagaddal P.S. on 04.06.89. On the relevant day he along with Inspector D.P. Roy, S.I., Sanatan Sarkar, A.S.I. Nirmal Biswas, W/C Shambhu Biswas held a surprise raid in the Grocery shop of the appellant in presence of local witnesses Paresh Nath Barma and Shyam Sundar Shaw. They found huge stock of refined rapeseed oil, Kerosene oil, Rice, Wheat, Pulses, Sugar and Babyfood. He issued a notice to the appellant for producing trade license, license for Pulses, Edible oils, license for dealing in Kerosene oil, license for dealing in Rice etc. He also asked the appellant to produce authority letter for storing and dealing in refined rapeseed oil and producing the stock-cum- rate board, purchase memo, cash memo, credit memo etc., for dealing in those commodities. But the appellant failed to produce any license for pulses and edible oil, dealing in Kerosene oil, Rice, Wheat, Rapeseed oil and books of accounts for those commodities. He checked the physical stock of baby food and found in order with the stock register and cash memo. As the appellant could not produce the books of accounts, license, permit etc., he seized – (i) 201 kg. of Refined Rapeseed oil, (ii) 55 liters of Kerosene Oil, (iii) 2 quintals Boiled Rice, (iv) 3 quintals 85 kg. Arahar Dal (v) 4 quintals 90 kg.

Gram Dal, (vi) 2 quintals 70 kg. Musur Dal, (vii) 1 quintal 15 kg., Gram Gota, (viii) 1 quintal 25 kg. Gota Matar, (ix) 3 quintals 10 kg., Sugar, (x) 25 quintals 20 kg., Wheat, (xi) one Rate Board, (xii) 1 big Iron Scale with weights and measures of different weights, (xiii) 40 kg., of Mug Dal, (xiv) 1 trade license no.1953, (xv) 1 quintal 15 kg., Mustard Oil etc., under a seizure list. The complainant prepared the true copy of the rate board and obtained sample of each item of Rapeseed oil, Kerosene oil etc. One sample of each item along with the copy of seizure list and weighment chart and copy of rate board were handed over to the appellant after obtaining proper seizure list. Seized stock of Rapeseed oil, Kerosene oil, Mustard oil and different types of Pulses and weights and measures and measuring scale were left in the jimma of one Jagadish Prasad Shaw after obtaining proper Jimmanama. Thereafter, the de facto complainant prayed to the O.C. to start a specific case against the appellant.

3. On the basis of the written complaint lodged by the de-facto complainant with the local Police Station, Jagaddal Police Station Case No.285 dated 04.06.1989 under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 was in