(1) Where a person guilty of the offence of black marketing is a body corporate, every person who, at the time of the commission of the offence, was a director, officer or servant actively concerned in the conduct of the business of the body corporate shall be deemed to be guilty of the offence, unless he proves that the offence was committed without his knowledge and that he used all due diligence to prevent the commission of the offence or of offences of the same character.
(2) Where the offence of black marketing is committed by a firm, each partner, secretary or principal officer or agent thereof shall, unless the contravention took place without his knowledge and he exercised all due diligence to prevent such contravention, be deemed to be guilty.
6. Any person who attempts or abets the commission of an offence of black marketing shall be deemed to have committed the offence of black marketing :
Provided, however, that the purchase of any goods for a purpose other than that of trade shall not by itself amount to abetment of black marketing.
7. Any public servant as defined in the Indian Penal Abetment Code who by any dereliction of duty facilitates the commis- by public sion of the offence of black marketing by any person shall servants.
be deemed to have abetted the commission of the said offence within the meaning of section 6 unless he proves his innocence.
Vicarious liability.
Attempts and abetmeats.
YY 8. (1) Where a person is convicted of an offence punishable under this Act, the Court before which he is convicted may, in addition to any punishment provided for the offence, order him to execute a bond for a sum proportionate to his means with or without sureties to observe the provisions of the law, as in force in relation to which the offence was committed, for a period not exceeding three years.
(2) If any person fails to comply with an order of the Court requiring him to execute a bond, the Court may order him to be put in prison for any term not exceeding twelve months to commence at the expiration of any term of imprisonment to which he was sentenced on his conviction.
(3) If any person who has executed a bond under subsection (1) commits a breach of the condition specified in the bond his bond shall be forfeited and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the Court concerned why such penalty should not be paid.
Bond by convicted person.
The West Bengal Black Marketing Act, 1948.
Security 9.
Whenever a Chief Presidency Magistrat e or District for good Magistrate or a Presidency Magistrate or Magistrate of the in certain behaviour first class specially empowered by the Provincial Govern- eases.
went in this behalf, has information that there is within the limits of his jurisdiction any person who within or with-out such limits transports foodstuff in contraventio n of an order made or deemed to have been made under the Essential xx iv Supplies (Temporary Powers) Act, 1946, such Magistrat e if of 1946. in his opinion there is such sufficient ground for Proceeding may require such person to show cause why he should not be ordered to execute a bond with or without its for his good behaviour for bond with not exceeding one year as the Magistrate thinks fit to fix and thereafte r the provisions of Chapters VIII and XLII of the Code of Criminal Proce- Act v dure, 1898, shall apply in such cases.
of 1898 Any contravention of the order under the Supplies (Temporary Powers Essential ) Act, 1946, committed after forfeiture of the bond. the execution of such bond shall be deemed to constitut e a
10.
Any offence punishable under this Act shall be cognizable and non-bailable.
(Sections 9-12.)
[West Ben. Act Offences under the Act to be cognizable and nonbailable.
Special
11.
Notwithstanding anything contained in the Code of provision Criminal Procedure, 1898, no person accused in a trial before regarding bail.
or convicted and sentenced to imprisonme nt by a Tribunal constituted under this Act of an offence shall be released on bail or on his own bond unless—
(a) the prosecution has been given an opportunity to oppose the application for such release, and (b) where the prosecution opposes the application, the Tribunal is satisfied that there are reasonable grounds for believing that he is not guilty of the offence.
Cases