(Rabindranath Saha vs State Of West Bengal )
2021 Latest Caselaw 5976 Cal

1.12.2021
sl. 6 ct.35
   sk.                         C.R.A. 170 of 1986
               (Rabindranath Saha - vs- State of West Bengal )

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


                         This   appeal    has   been   preferred   by   the

              appellant/convict, Rabindranath Saha being aggrieved by

              the judgement and the order of conviction passed by the

              learned Judge, Special Court,(E.C.Act), Suri, Birbhum.

                         It appears from the case record that despite

              all endeavours were made, the appellant/convict could

              not be brought on record.

                         Mr. Saswata Gopal Mukherjee, learned Public

              Prosecutor appearing for 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 deem fit and just.

I have minutely read the judgement passed by

the learned Trial Judge on 20th March, 1986 in Special

Court, (E.C.Act) Case No. 58 of 1983.

By the judgement the learned Trial Judge

held that the convict was guilty of commission of offence

punishable under Section 7(I)(a)(ii) of the Essential

Commodities Act and sentenced him to suffer rigorous

imprisonment for three months and to pay a fine of Rs.

200/- in default to suffer R.I. for one month.

Perusal of the judgment of the learned Trial Judge

shows that the learned Trial Judge rendered the judgment

after proper assessment and appreciation of the evidence

on record. However, after wadding through the evidence on

record, I find that the judgment of the learned court below

is based on evidence and it is in accordance with law.

I find no reason to interfere with the judgment and

the order of conviction passed by the learned Trial Judge.

In view of the above, the appeal is dismissed.

The judgment and the order of conviction passed by

the learned Judge, Special Court (E.C.Act), Suri, Birbhum

in Special Court Case No. 58 of 1983 is 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 it is found that the convict has not served out the

sentence with entirety, the learned Trial Judge is at liberty

to pass necessary order or direction upon the convict for

serving 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.)