(Netai Chand Dey vs State Of West Bengal )
2021 Latest Caselaw 5971 Cal

 1.12.2021
sl. 5, ct.35
sk.                             C.R.A. 259 of 1985
                (Netai Chand Dey - vs- State of West Bengal )

               Mr. Saswata Gopal Mukherjee
                                  ...for the State.


                           This   appeal    has    been    preferred    by   the

               appellant, Netai Chand Dey being aggrieved by the

               judgement and the order of conviction dated 18th June,

               1985 passed by the learned Judge, Special Court,

               Burdwan in T.R.Case No. 24 of 1985 under Section

               7(1)(a)(ii) of the Essential Commodities Act.

                           It appears from the case record that despite

               several endeavours were made, the appellant/convict

               could not be brought on record.

                           Mr. Saswata Gopal Mukherjee, learned Public

               Prosecutor representing the respondent, State of West

Bengal submits that he has no instructions from the

State and the Court may pass necessary order as the

Court deems fit and proper.

After minutely reading the judgment passed

by the learned Trial Judge, I find that the learned Trial

Judge after proper appreciation of the evidence on record

has rightly convicted the appellant for commission of

offence under Section 7(I)(a)9ii) of the Essential

Commodities Act.

On further assessment of the evidence on record, I

find that the judgement of the learned Trial Judge has

been rendered in accordance with law. There is no

illegality or infirmity in the judgment. In view of the above,

I find no reason to interfere with the judgment and the

order of the conviction.

Therefore, the appeal is dismissed on merits.

The judgment and order of conviction passed by the

learned Trial Judge in the aforesaid case is hereby

confirmed.

Let a copy of this judgment along with the Lower

Court records be sent down to the learned Court below.

The appeal is disposed of accordingly.

If the convict has not served out the entire

sentence, the learned Trial Judge will pass necessary

direction so that the convict serves out the remaining

sentence, if any.

Xerox certified copy of this order, if applied for, be

given to the parties on urgent basis.

(Rabindranath Samanta, J.)