SUDARSAN SANKI Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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A.B.Mukherjee, J. -
(1.)The appeal arises out of conviction and sentence passed by Judge, special Court under E. C. Act, Midnapore on 30.1.88 in DEBGR Case No. 51/84 arising out of Ghata P.S. case No. 5 dated 8.9.84 whereby the accused appellant was sentenced to S.I. for 1 year and fine of Rs. 1,000/-in default further S.I. for 1 month.
(2.)The case of the prosecution in short is that in course of inspection of the shop rooms of the accused appellant on 8.9.84 the Inspector found mobil oil and high speed diesel oil exposed for sale. The stock book for mobil oil was written up to 8.9.84 one stock cum rate board was also found under the name of the accused appellant which was written up to 1.9.84 and stock of mobil oil and HSD oil were shown as 665 litres and 662 hires respectively. The appellant had a licence for lubricating oil but there was no licence for keeping HSD oil whose quantity was found to be 900 litres. Accordingly, for violation of the West Bengal Motor Spirit and High Speed Diesel Oil (Licensing Control and Maintenance of Supplies) order 1980 and for violation of Section 8(i) and (ii) of the West Bengal Lubricating Oil Licensing Order 1967 a case was started.
(3.)The Trial Court after scrutinising the evidence given by seven P.W.s and one D.W. and the documents on record found the accused appellant guilty and passed the aforesaid sentence.
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