Court Finds Prosecution's Evidence and Measurement Methods Inadequate, Acquits Accused in High-Speed Diesel Shortage Case
In a significant ruling, the Calcutta High Court has quashed the conviction of Bidhi Chand Chowrasia under the Essential Commodities Act, 1955, citing improper measurement techniques and insufficient evidence presented by the prosecution. The judgment was delivered by Justice Chaitali Chatterjee Das on February 6, 2026, allowing the criminal appeal filed by the appellant against the earlier conviction and sentence imposed by the Special Court.
The case revolved around allegations of a shortage of high-speed diesel oil at the Chaurasia Service Station, detected during a raid conducted by the enforcement branch and police officers in November 1990. The prosecution argued that the service station, managed by Chowrasia, violated the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977, by not properly displaying stock and price lists, and by allegedly hiding oil quantities.
However, the High Court found several discrepancies in the prosecution's case. The measurement of oil in the underground tanks was conducted using a stick, without accounting for the sloping nature of the tanks, thereby questioning the accuracy of the alleged shortage of 279 liters of diesel. The court emphasized that scientific and reliable methods are crucial in such measurements, and the absence of such methods casts doubt on the validity of the prosecution's claims.
Moreover, the court noted the lack of corroborative evidence supporting the prosecution’s assertion that the stock and price list was not displayed, as well as the absence of credible evidence regarding the presence of a removable board stating "oil not available" at the time of inspection. Several witnesses, including those from the police force, turned hostile during the trial, further weakening the prosecution’s case.
Justice Das underscored the principle of criminal jurisprudence that a conviction can only be sustained if the prosecution proves its case beyond reasonable doubt. The court concluded that the evidence presented was insufficient to meet this standard, leading to the reversal of the conviction. The judgment highlights the importance of thorough and scientifically sound evidence gathering by enforcement agencies in upholding legal standards.
The court also appreciated the assistance provided by the Amicus Curiae, Mr. Anirudha Bhattacharyya, in the proceedings. The decision to acquit comes as a relief to Chowrasia, who had been sentenced to six months of rigorous imprisonment and a fine of Rs. 2000, with a default sentence of an additional month of imprisonment.
Bottom Line:
Essential Commodities Act - Conviction cannot be sustained if measurement of stock is conducted improperly and without following scientific methods - Prosecution must prove its case beyond reasonable doubt.
Statutory provision(s):
- Essential Commodities Act, 1955 Section 7(1)(a)(ii)
- West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977
- Code of Criminal Procedure Section 374(2)
Bidhi Chand Chowrasia v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2850224
