STATE Vs. DINDAYAL AGARWALA

JUDGEMENT

(1.) Accused persons having been acquitted from offence alleged against them u/S.7 of the Essential Commodities Act, 1955 (in short The Act') this appeal has been filed.

(2.) Admittedly, the three accused persons are Partners of a Firm M/s Khubram Asharam carrying on business of wholesale supply of baby foods amongst others at Plot site road, Rourkela. The Firm has a valid licence for carrying on wholesale business as dealer in respect of baby food as required under the Orissa Baby Food Licensing Order 1966 (hereinafter referred to as 'the Orissa Order') made by State Government under the Act.

(3.) On 11-10-1983 at about 3 p.m. P.Ws. 1 and 2 along with other officials of supply department inspected the business premises of the Firm and found cases of Packed Lactogen (infant formula) tins containing 500 grams and 1 kilogram each with same loose packed tins. They verified the stock register of baby foods where there was no entry in respect of these stocks. They also found that in the cash memo book licence number has not been mentioned in respect of lactogen (infant formula) sold. Being of opinion that term Nos.4, 6 and 9 of the licence granted to the firm, P.W.1 submitted prosecution report in the Court of Special Judge against the three partners of the Firm alleging commission of offence u/ S.7 of the Act.