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

The Hon’ble Justice Ananya Bandyopadhyay C.R.A. 142 of 1998 Anil Kumar Mondal -Vs-

The State of West Bengal For the Appellant : Ms. Pallavi Priyadarshee (Amicus Curiae)

For the State : Mr. Avishek Sinha Heard on : 21.05.2024, 01.10.2024 Judgment on : 21.04.2025 Ananya Bandyopadhyay, J.:-

1. This appeal is preferred against the judgment dated 09.03.1998 passed by the Learned Judge, Special Court, under the Essential Commodities Act, Murshidabad in E.C. Case No.40 of 1991 (corresponding T.R. No.32 of 1993) thereby convicting the appellant for the offence punishable under Section 7(1)(a)(ii) of the Essential Commodities Act and for violation of paragraph 3(1)(b) of West Bengal Rice and Paddy Licensing Control Order, 1967 and para 3(2) of West Bengal Declaration Stocks and Prices of Essential Commodity Order, 1977 and sentenced him to suffer simple imprisonment in 3 months and to pay fine of Rs.1000/- in default to suffer simple imprisonment for 1 month more.

2. The prosecution case precisely stated on 12.04.91 the complainant i.e., PW-3 along with others were conducting raid at the grocery shop of the ap