CHAITANYA NAHAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Chaitanya Nahak was summarily tried in the Court of learned Sessions Judge -cum- Special Judge, Ganjam, Berhampur in 2 (C) C.C. No.08 of 1989 for offences punishable under sections 7 and 9 of the Essential Commodities Act, 1955 (hereafter 'E.C. Act') for contravention of the provisions under Clause 3(1) of the Orissa Sugar Dealers' Licensing Order, 1963 (hereafter '1963 Order'), Clause 6 of the Orissa Rice and Paddy Control Order, 1965 (hereafter '1965 Order') and Clause 14 of the Orissa Wheat and Wheat Products Control Order, 1988 (hereafter '1988 Order').

(2.) The case of the prosecution, in nutshell, is that Sundarpur Service Cooperative Society (hereafter 'S.S.C. Society'), a Society registered under the Orissa Co-operative Societies Act, 1962 had taken out the licenses vide Exts.1, 2 and 3 under the 1963 Order, 1965 Order and 1988 Order respectively to deal with sugar, rice and wheat as a retail dealer at village Sundarpur during the year 1986-87. On the strength of such licenses, the S.S.C. Society applied for authority to deal with those essential commodities on behalf of the consumers covered under Public Distribution System. The Sub-Collector, Chatrapur, who was the licensing authority in that regard, authorized the Secretary, S.S.C. Society i.e. the appellant to be the dealer for dealing with such commodities under the Public Distribution System. For lifting the stock of those commodities meant for distribution under the public distribution system, the Sub-Collector or his subordinate i.e. Block Development Officer, Chatrapur, Ganjam used to pass allotment orders in favour of the S.S.C. Society for taking delivery through its Secretary and pursuant to the allotment orders vide Exts.15, 17, 19, 21, 23 and 25 passed by Block Development Officer, Chatrapur, Ganjam, the release orders vide Exts.16, 18, 20, 22, 24 and 26 were issued for issue of the commodities in favour of the Secretary, S.S.C. Society from the side of the stockist from time to time during that licensing period.

(3.) After receipt of the prosecution report, on 13.09.1989 the learned Special Judge, Berhampur took cognizance of offence under section 7 of the E.C. Act and issued process against the appellant. After the appellant appeared in the case, on 14.02.1990 the particulars of the offences as alleged in the prosecution report were stated to him, to which he pleaded not guilty.