PRASANNA KUMAR SINGH Vs. S.S. PRADHAN

JUDGEMENT

(1.) PETITIONER has been convicted under Section 7 of the Essential Commodities Act for contravention of Sub -clause (3) of Clause 14 of the Orissa Cement Control Order, 1973 (hereinafter referred to as the Order, 1973) by the S.D.J.M., Dharamgarh and was sentenced to R.I. for three months and to pay a fine of Rs. 200/ -, in default to R.I. for one month more. An appeal preferred before the Addl. Sessions Judge, Bhawanipatna against the aforesaid order of conviction and sentence has also been dismissed. The Petitioner has come up to this Court against the order of conviction and sentence passed against him.

(2.) THE case against the Petitioner is that on 16 -3 -1975 the Petitioner was bringing 20 bags of cement from Bhawanipatna to Junagarh by a tractor bearing No. ORH 1012. He was caught by the Inspector of Supplies (P.W. 2), Junagarh and some other supply staff near the check gate of Junagarh The Petitioner could not produce any permit for transporting the cement from Bhawanipatna to Junagarh. So he was prosecuted for contravention of Sub -clause (3) of Clause 14 of the Order, 1973.

(3.) P .W. 1 is the Inspector of Supplies. He has stated: