Badiujaman vs State Of West Bengal
2022 Latest Caselaw 7290 Cal

31.10. 2022 item No.12 n.b.

ct. no. 551 CRA 14 of 1991

Badiujaman Vs.

State of West Bengal

Mr. Narayan Prasad Agarwala, Mr. Pratick Bose .....for the State.

The instant criminal appeal has been preferred

against an order and judgment dated 1st December, 1990

passed by the Learned Judge, Special Court, E.C. Act,

Murshidabad in Case No. G.R.E. 1/85 convicting the present

appellant and sentenced him to suffer rigorous imprisonment

for one year for committing offence punishable under Section

7(1)(a)(ii) of the Essential Commodities Act for violation of para

4 and 11(2) of the West Bengal Kerosene Control Order 1968.

During the course of hearing of the instant appeal,

the administrative notice was issued upon the appellant and

the service of notice has been effected upon the appellant; in

spite of the same he did not appear. Accordingly, the matter is

taken up for hearing on merit.

Heard learned advocates for the State Mr. Narayan

Prasad Agarwala and Mr. Pratick Bose at length perused the

impugned Judgment and also perused the Lower Court

Records.

It appears from the impugned judgment that the

present appellant along with another Debananda Dutta son of

Late Balaram Dutta, Beldanga was also found guilty and were

convicted. The instant appeal has been preferred by the present

appellant only.

The brief fact of the matter is that on 17.1.1985 P.W.

1 that is the de facto complainant; on the basis of secret

information along with force appeared at Khidirpur Ghat where

a Motador Van was found coming from Berhampore side

towards Hariharpara. The Van was intercepted, wherefrom

eight barrels of kerosene oil were found. The accused

Debananda Dutta was the driver and the present appellant i.e.

Badiujuman was the owner of the kerosene oil. They could not

produce any valid paper or document regarding their

possession of the kerosene oil then the case was initiated. The

seizure was effected by preparation proper of seizure list on the

spot. On measuring the eight barrels of kerosene oil it appears

total 1360 liters. The accused persons were arrested. After

completition of investigation the police submitted the charge-

sheet. During course of the enquiry one accused namely, Jas

Karan Kochar was discharged, as there was no evidence against

him.

It further appeared that during the trial the

prosecution has been examined as many as five witnesses

including the I.O. All the witnesses have supported the

prosecution case and the seizure list has been properly proved.

During the trial both the accused persons were enquired under

Section 313 of the Code of Criminal Procedure. But no

explanation was given by the accused/convicted persons

regarding their possession of the kerosene oil. During the

course of statement under Section 313 of the Code of Criminal

Procedure the appellant submitted that he will adduce evidence

in his favour, but no such evidence has been adduced.

After through consideration of the impugned judgment

it appears to me that the impugned judgment has specifically

mentioned the grounds and basis of the conviction of the

accused persons, I find no infirmity or illegality in the said

finding. The allegation against the convicts had been

sufficiently proved by the State beyond reasonable doubt.

Accordingly, I find no materials to entertain the

appeal. Thus, the instant appeal appears to be not meritorous

and liable to be dismissed.

Hence the instant appeal is dismissed. The impugned

judgment and sentence passed by the Learned Court below is

hereby affirmed.

The appellant and other convict is on bail and they did

not appear before this appellate Court. Thus, the Chief Judicial

Magistrate, Murshidabad is directed to issue a warrant of arrest

against the convict persons, so that they may be brought to the

Court of law to serve out the sentence.

Let a copy of this order be sent to the Learned Chief

Judicial Magistrate, Murshidabad through Learned District

Judge, Murshidabad for its proper compliance.

Accordingly, the instant criminal appeal along with

connected applications is disposed of.

The order of stay, if any, passed by this Court during

the course of appeal is also vacated.

The Lower Court Records be sent down.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

( Subhendu Samanta, J.)