K SAMBU REDDY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has challenged the judgment dated 28-3-1991 passed by Shri G. Narasimham, Special Judge, Koraput, Jeypore in T. R. Case No. 8 of 1989 convicting him under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') and sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000.00, in default to undergo further rigorous imprisonment for a period of one month.

(2.) Prosecution case is as follows : The appellant has a grocery shop at village Motu. On 17-10-1988 at about 1.30 p.m., P.W. 1, the Marketing Inspector of Podia Block, inspected the shop of the appellant and found a barrel containing 190 litres of kerosene oil, two funnels, one empty tin and measuring instruments. On demand, the appellant could not produce any licence or permit for possession of kerosene oil. Hence P.W. 1 seized the kerosene oil and other articles in presence of witnesses. After completion of enquiry P.W. 1 filed prosecution report against the appellant for alleged violation of Clause-3 of the Orissa Kerosene Control Order, 1962 punishable under Section 7 of the Act and the appellant stood his trial. The plea of defence is one of denial. According to defence, the appellant was not the owner of the kerosene, but one licensed kerosene dealer (D.W. 1) had kept the same in the shop of the appellant during his temporary absence.

(3.) Prosecution has examined only two witnesses to bring home the charge against the appellant. P.W. 1 is the Marketing Inspector who detected the case and seized the kerosene. P.W. 1 is a witness to the seizure. The defence has examined one witness in support of its case as D.W. 1 who is a licensed kerosene dealer.