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

The Hon’ble Justice Prasenjit Biswas CRA 428 Of 1990 Gopal Chandra Das -Versus-

The State of West Bengal For the Appellant : Mr. Subham Bhakat (Amicus Curiae)

For the State : Ms. S. Das Mr. Sharequl Haque Hearing concluded on : 29.04.2025 Delivered on : 19.05.2025 Prasenjit Biswas, J:-

1. The instant appeal has been preferred challenging the impugned judgment and order dated 6th September, 1990 passed by the learned Judge, Special Court (E.C. Act), Hoogly finding this appellant guilty for commission of offence under Section 7(1) (a) (II) of the Essential Commodities Act, 1955 for violation of paragraph 3 of the West Bengal Imported Vegetables Oils (Prohibition of Unauthorized Sale) Order, 1984 and sentenced him to undergo rigorous imprisonment for 3 months and to pay a fine of Rs. 2000/- and in default of payment of fine to undergo further rigorous imprisonment for 1 month further.

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

“On 31.05.1988 S.I. R.N. Mondal of DEB Hoogly accompanied by force conducted a raid to Begumpur Station Bazar Road and found that this appellant convict near at railw