STATE OF ORISSA Vs. BALARAM SAHU

JUDGEMENT

(1.) THE accused was charged under Section 7 of the Essential Commodities Act (hereinafter called the 'Act') for contravention of Clause 3 of the Orissa Declaration of Stocks and Price of Essential Commodities Order, 1973 (hereinafter called the 'Order of 1973') and also for contravention of Clause 3 of the Orissa Essential Foodstuffs (Prevention of Hoarding and Requisitioning of Stocks) Order, 1974 (hereinafter called the "Order of 1974"). He was tried in the Court of the Sub -Divisional Judicial Magistrate, Jajpur who convicted' him under Section 7(1)(a)(i) of the Act for contravention of Clause 3 of the Order of 1973 and sentenced him to R.I. for 15 days and to pay fine of Rs. 300/ - in default to S.I. for one week. The learned Magistrate however acquitted him of the charge for contravention of Clause 3 of the Order of 1974. Against the aforesaid order of conviction and sentence the accused preferred an appeal in the Court of the Sessions Judge, Cuttack and against that part of the order by which the accused was not found guilty for contravention of Clause 3 of the Order of 1974 the State filed Government Appeal No. 5/78 before this Court. By order of this Court the records of the Criminal Appeal filed by the accused in the Court of the Sessions Judge was called for and numbered as Criminal Appeal No. 23/78. The Government Appeal and the Criminal Appeal were heard together and this common judgment will govern both the cases.

(2.) THE case of the prosecution is as follows: M/s. Kailash Chandra Sahu and Umesh Chandra Sahu were having a grocery shop at Dhanmandal station bazar. Prosecution alleges that the accused was the Manager of the shop and was looking after the business. On 24 -5 -1974 at about 10.00 a.m. the Supervisor of Supplies (P.W. 4), the Assistant Civil Supply Officer (P.W. 1) and two Supply Inspectors (P.Ws. 2 and 3) visited the shop of the accused and verified the stock of essential commodities. On verification, 81.28 quintals of black gram (Biri), 218 numbers of Jeep Torch Cell No. 505 and 96.45 quintals of groundnut were found in the shop. It was further found that the groundnuts and the pulses (black grams) in stock were more than the authorised limit and no sanction of the Controller or the Collector of the District had been obtained for storing the same. Prosecution further alleged that the accused had not displayed the stock position of the essential commodities and the retail price thereof. The stocks of the aforesaid commodities were weighed in presence of the witnesses and the accused and were seized as per seizure list, Ext. 1. The statement of the accused was recorded and seized articles were kept in jima of the accused. After investigation prosecution report was submitted against the accused:

(3.) MR . Mohanty, learned Counsel for the Appellant (in Crl. A. 23/78) submitted that the Appellant is no way connected with the shop which belongs to M/s. Kailash Ch. Sahu. Even assuming for the sake of argument that the Appellant was the Manager/Salesman of the firm, there has been no violation of Clause 3 of the Order of 1973 as the civil supply staff arrived at the shop when it was just being opened. The Appellant being a wholesaler which is admitted by P.W. 1 in his cross -examination can keep 50 quintals of ground nut seeds and 400 quintals of black gram (Biri) and there' were no excess quantities of groundnut seeds and black grams in the shop, as alleged. Moreover 96.45 quintals of groundnut (with the outer cover) were found in the shop. So there is no evidence as to what was the actual quantity of the groundnut seeds found by the supply staff and in any view of the matter the Appellant -Respondent is entitled to acquittal.