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

The Hon’ble Justice Prasenjit Biswas C.R.A. 66 of 1990 Shri Swapan Kumar Dutta -Versus-

The State of West Bengal For the Appellant : Ms. Pallavi Priyadarshee For the State : Mrs. Faria Hossain Mrs. Atulya Sinha Hearing concluded on : 26.03.2025 Judgment On : 02.04.2025 Prasenjit Biswas, J:-

1. The instant appeal has preferred against the judgment and order of conviction dated 20.01.1990 passed by the learned Judge, Special Court (E.C.) Act, Barasat in connection with Special Case No. 30/1989 arising out of Khardha P.S. Case No. 37(12)87 under Section 7(1)(a)(ii) of Act X of

1955 violating the provision of Para-5 of the licence of Baby food Licensing Order, 1966 and Para-3 of the West Bengal Declaration of Stock and Prices Essential Commodities Order, 1977 and sentenced the appellant to suffer rigorous imprisonment for four months and to pay a fine of Rs. 1000/- (One hundred) and in default to undergo rigorous imprisonment for three months and directed to forfeit the seized baby food and documents after expiry of period of appeal.

2. In short campus the story of the prosecution is that-

One written complaint was lodged before the O.C. Khardha P.S. on 18.12.1987 by S.I of Police Ajit Kumar Biswas (DEO), Commercial Cell, 24 Parganas (North) to that effect that on that date in between 10.50 to 11.00 Hrs. he along with S.I., Dilip Kumar Chanda, W/C Tapan Kumar Chakraborty held a check in the stationary shop of the accused Swapan Kumar Dutta which is named and styled as “Dutta Varieties Stores” situated at Usumpore, Battala and found that the shop keeper had kept three tins of baby food (Amul Spray) along with other articles in the show- case for sell. On demand one Kalyan Dutta, brother of the accused who was present at that time in the shop failed to produce stock book for transaction in respect of baby food. Stock-cum-Rate Board showed Amul Spray baby food as “Nil”. The brother of the accused produced receipt for renewal of baby food licence, a cash memo book and challan of showing purchase of Amul Spray but he failed to produce any document showing transaction of 21 pieces of Amul Spray. As it was suspected that the accused disposed of those tins of baby food illegality and as such, the accused violated the provision of Para 5 of the licence by not issuing cash memo to the customers as contained in the Baby Food Licencing Order, 1966 and para 3 of the West Bengal Declaration of Stock and Prices of Essential Commodities Order, 1977 for not displaying the stock board properly. The de-facto complainant seized those three tins of baby food containing 500 gms. each, cash memo, book and purchase challan etc. by preparing a seizure list in presence of the witnesses and those seized food and stock board was given custody to the brother of the accused on jimbanama.

3. On the basis of the complaint concerned P.S. started case being no. 37 dated 18.12.1987 against the accused Swapan Kumar Dutta, under Section 7(1)(a)(ii) of Act X, 1955. Thus, the criminal law was said in motion. Police investigated the case and submitted charge-sheet against the accused for offence punishable under Section 7(1)(a)(ii) of the Act X of

1955.

4. In this case, prosecution cited five witnesses including the I.O. of the case.

Documents were marked as Exhibits 1 to 7 in the case. Rate-cum-Stock Board and three seized tins of lactose each containing 500 gms were marked as material exhibits I and II respectively.

5. Mrs. Pallavi Priyadarshee, learned Amicus Curiae on behalf of the appellant contended that the stock-cum-rate board was properly written but the writing was indistinct and the police officer could not read it or notice it and for such reason the case was started by the police falsely against the accused. From the stock-cum-rate board which was produced before the Court, it would be found that in the columns of baby food (Amul Spray) 12 tins of 1000 gms and 12 tins of 500 gms w