TAHER ALI KHAN Vs. THE STATE

JUDGEMENT

(1.) THIS revision is directed against an order dated 26 -11 -1960 of Sri B. Misra, Sessions Judge of Balasore passed in Cr. App. No. 99 of 1960, confirming an order of conviction and sentence passed by Sri U.C. Misra, Magistrate, First Class, Balasore, on 11 -7 -1960 in CI135 of 1960.

(2.) THE facts of the case out of which this revision arises may be stated as follows: On 15 -1 -1960 the Supervisor of Supplies, Balasore, while on patrol duty, found the Petitioner with a huge quantity of paddy stored in a boat in the river Dubudubi, at a distance of about 3 miles from the mouth of the river. The boat was brought back to Sulpeta and after weighment the paddy was found to be 425 mds. 10 seers. On demand the Petitioner could not produce any license or permit for the possession of the said paddy. He wag, therefore, prosecuted under Section 7 of the Essential Commodities Act Central Act X of 1955) -hereinafter called 'the Act ' for having contravened Clause 3, sub -clause (1) of the Orissa Food grains Dealers Licensing Order, 1959 (hereinafter called the 'the order '), which order was made by the State Government of Orissa in exercise of the powers conferred by Section 3 of the Act.

(3.) THE evidence is not clear as to the place of destination of the said boat, but it was suspected that the paddy was meant to be carried beyond Orissa to the State of West Bengal by river and sea as the boat from which the seizure of the paddy was made is a Jolly boat having its Branded No. CI8207 belonging to one Janab Ashed Ali Khan of Alipore, Thana Shyampur, District Howrah and the Petitioner holds the Manjee 's license No. 3617 dated 17 -9 -1959 granted by the commissioners for the port of Calcutta, but that is not material for this case.