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

The Hon’ble Justice Ananya Bandyopadhyay C.R.A. 245 of 1989 Sri Dilip Kumar Jana -Vs-

The State of West Bengal For the Appellant : Mr. Srinjon Ghosh (Amicus Curiae)

For the State : Ms. Faria Hossain Ms. Jonaki Saha Heard on : 10.05.2024, 12.09.2024 Judgment on : 21.04.2025 Ananya Bandyopadhyay, J.:-

1. This appeal is preferred against judgment and order of conviction dated

18.05.1989 passed by the Learned Judge, Special Court (E.C. Act), Midnapore in D.E.B. G.R. Case No.58 of 1988, thereby convicting the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act for violation of para 3(1)(a) of the West Bengal Rice and Paddy (Licensing and Control) Order 1967 and para 3(2) of the West Bengal Declaration of Stock and Prices of Essential Commodities Order 1977 and sentenced to suffer simple imprisonment for one year and to pay a fine of Rs.500/- in default to suffer simple imprisonment for 1 month.

2. The prosecution case precisely stated on 10.12.1988 one Shri H.G. Dutta, D.E.O.(1), Midnapore lodged complaint against Dilip Kr. Jana, S/o – Sri Nakfuri of Kultikri, Sankrail P.S., Midnapore district in between 12:45 - 13:45 hours he along with S.I. N.G. Pal, A.S.I. Arun Kr. Choudhury, W.C. 1093 Nantu Das and Driver of police Naba Hari Ghosh while working and secret information at Kultikri bazar raid the shop cum go-down of Dilip Kr. Jana at Kultikri bazar. Dilip Kr. Jana was conducting the business with rice there at that time. While they approached there 5/6 poors who were either purchasing rice from Dilip Kr. Jana or selling rice to Dilip Kr. Jana, fled away noting the police jeep arrived there. Amongst them one person who disclosed his name as Nepal Soren of Keyar chand, P.S. Keshriy was interrogated by him and known that he was there for purchasing rice from Dilip Kr. Jana. Then he went away.

The aforesaid D.E.O. demanded licence and stock, sale registers, cash memo, purchased challan or any other paper by dint of which he was dealing with rice orally and then served notice upon him demanding his authority for operating such business but Dilip Kr. Jana could not produce any such licence or papers. After interrogating him and from local enquiry it was learnt that Dilip Kr. Jana was dealing in rice without any licence and he did not maintain any account. The rice was weighted by the help of above noted staff with scale, balance and measure, writing weight, 10 quintals rice were found in that shop. No stock cum rate board was found anywhere in the shop cum go-down of Dilip Kr. Jana. It appeared that Dilip Kr. Jana was acting as a dealer of rice without having any Registered Certificate as per para 3(1)(b) of West Bengal Rice and Paddy (Licencing and Control) Order, 1967. It was also found that Dilip Kr. Jana was not a bulk consumer or Rice Miller or a Producer. Hence, Dilip Kr. Jana was arrested for violation of provision of under Section 7(1)(a)(ii) of the Essential Commodities Act for violation of para 3(1)(a) of the West Bengal Rice and Paddy (Licensing and Control) Order 1967 and para 3(2) of the West Bengal Declaration of Stock and Prices of Essential Commodities Order 1977.

3. On the basis of the aforesaid complaint, the Police initiated Sankrail P.S.

Case No.3/34 dated 11.12.1988 under Section 7(1)(a)(ii) of the Essential Commodities Act for violation of para 3(1)(a) of the West Bengal Rice and Paddy (Licensing and Control) Order 1967.

4. After completion of investigation, the Police submitted charge-sheet against the appellant.

5. The charge was framed against the accused person to whom he pleaded not guilty and claimed to be tried.

6. In order to prove its case, the prosecution examined as many as 5 witnesses and exhibited certain documents.

7. Considered the submission of the Learned Amicus Curiae representing the appellant as well as the Learned Advocate for the State.

8. The relevant portion of the judgment and order dated 18.05.1989 pa