SURENDRA NATH JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Cl. 28 of the Iron and Steel (Control) Order, 1956, provides by sub-cl. (a) that the Controller may, with a view to securing compliance with the Order. "require any person to give such information in his possession in respect of stocks of iron or steel or of scrap acquired by him...."

(2.) It is undisputed that the appellant was acquitted in a separate proceeding of the charge that he had acquired any stocks of iron, steel or scrap. In that view of the matter, it is impossible to hold that the appellant can still be convicted under S. 7 of the Essential Commodities Act, for violation of cl. 28 (a) of the Iron and Steel (Control) Order of 1956. The High Court in our opinion, is wrong in the view which it has taken that a person can be held guilty of the violation of cl. 28 (a) even if he has not acquired the stocks of iron, steel or of scrap.

(3.) We, therefore, allow this appeal set aside the judgment of the High Court and acquit the appellant.