Calcutta High Court Overturns Conviction in Essential Commodities Act Case

Judgment Cites Misreading of Evidence and Non-Examination of Key Witnesses in the Acquittal of Appellant Dilip Kumar Mondal

In a significant ruling, the Calcutta High Court has set aside the conviction of Dilip Kumar Mondal, who was found guilty by the Special Court under the Essential Commodities Act for the illegal transportation of rice. Justice Prasenjit Biswas delivered the judgment on November 13, 2025, allowing the appeal against the trial court's decision and highlighting substantial deficiencies in the prosecution's case.

The appellant, Dilip Kumar Mondal, was sentenced to six months of simple imprisonment and a fine of Rs. 500 by the trial court in Murshidabad, stemming from charges related to the transportation of 60 bags of rice without proper documentation. The prosecution alleged that Mondal failed to produce genuine documents during a raid conducted by an anti-smuggling team in Daulatabad on November 27, 1992.

The high court meticulously reviewed the case, noting discrepancies between the FIR and witness testimonies, particularly regarding the production and authenticity of key documents such as cash memos. Justice Biswas pointed out the misappreciation of evidence by the trial court, which failed to consider the inconsistencies and omissions that plagued the prosecution's narrative.

The judgment emphasized the non-production of crucial documentary evidence and the non-examination of vital witnesses, such as the issuer of the cash memo and the officer who prepared the FIR. These omissions, the court held, rendered the prosecution's story doubtful and undermined the conviction's sustainability.

In his defense, Mondal's counsel, Dr. Achin Jana, argued that the prosecution's case was riddled with contradictions, pointing out that no independent witnesses were examined despite their presence during the alleged seizure. Furthermore, the defense presented evidence suggesting that the rice was lawfully purchased, supported by cash memos marked as Exhibit A series.

Justice Biswas criticized the trial court for overlooking these material shortcomings and for convicting Mondal without ensuring that the prosecution had established guilt beyond reasonable doubt. The judgment underscored the prosecution's burden to prove the case with credible, consistent evidence, which was lacking in this instance.

Consequently, the high court acquitted Dilip Kumar Mondal and discharged him from bail bonds, instructing compliance with Section 437A of the Criminal Procedure Code, which mandates furnishing bail bonds valid for six months. The judgment serves as a reminder of the importance of accurate evidence evaluation and adherence to legal standards in criminal trials.

Bottom Line:

Essential Commodities Act - Conviction based on inconsistent evidence, non-examination of vital witnesses, and non-production of crucial documents held legally unsustainable.

Statutory provision(s): Essential Commodities Act, 1955 Section 7(1)(a)(ii), Criminal Procedure Code, 1973 Section 437A (Corresponding to Section 481 of Bharatiya Nagarik Suraksha Sanhita, 2023)

In the matter of : Dilip Kumar Mondal, (Calcutta) : Law Finder Doc Id # 2811284