MAHABIR TRADERS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellants here in this appeal call in question the judgment of conviction and the order of sentence passed by the learned Special Judge, Cuttack in 2(c) CC Case No. 3 of 1991. The learned Special Judge, Cuttack found the Appellants guilty of the charge Under Section 7 of the Essential Commodities Act for violating Clause 13 of the Orissa Pulses, Edible Oil Seeds and Edible Oils Dealers (Licensing) Order, 1977 and sentenced each of the Appellant Nos. 2 and 3 to undergo S.I. for six months and to pay fine of Rs. 1,000/ - each, in default to undergo S.I. for three months each and no separate sentence has been awarded to the Appellant partnership firm as the same was represented by the Appellant Nos. 2 and 3.

(2.) THE prosecution case against the Appellants is that on 28.5.1991 the Civil Supply Officer, Shri Noising Patra (P.W.1) raided the firm of the Appellant No. 1 and found there the Appellant Nos. 2 and 3, who are the partners of the firm without properly filling the name and address of the sub -dealers and also the license number as required under condition No. 6 of the license and Clause 3(c) of the Control Order transacting business. So also it was found that no details of the license number and address were also reflected in the cash memos issued on different dates starting from 18.5.1991 to 25.5.1991. As such the prosecution was lodged by the P.W.1, Civil Supply Officer before the learned Special Judge, Cuttack under the Essential Commodities Act for violation of the Control Order punishable Section 7 of the Essential Commodities Act. The Appellants were prosecuted for committing offence Under Section 7 of the Essential Commodities Act for violation of the aforesaid order.

(3.) DURING the course of trial, prosecution examined as many as four witnesses, out of whom, P.W.1 is the Civil Supply Officer, P. Ws. 2, 3 and 4 are the other staff attached to Civil Supply Officer, who had accompanied P.W.1 during such raid of the business premises of the Appellant No. 1.