NARENDRA KISHORE CHAND Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner was prosecuted under Section 7 of the Essential Commodities Act for contravention of clause (3) of the Orissa Wheat and Wheat Products Control Order, 1973 and Clause (3) of the Orissa Declaration of Stocks and Prices of the Essential Commodities Order, 1973.

(2.) THE allegations to support the charge on the first count were that he was in possession of 10 bags of Atta, each bag weighing 90 K.Gs. and one bag of Atta weighing 78 K.Gs. 59 bags of flour and 80 K.Gs. of Suji and allegations in respect of the second charge were that the petitioner was in possession of 4 tins of mustard oil, each tin weighing 16.8 K.Gs. and 85 K.Gs. of sugar in his shop; but he, however, did not display the position of stock etc. on the board which he was required to maintain under the Orissa Order referred to above. The learned Magistrate acquitted him of the first charge; but convicted him for violation of the Orissa Order for his failure to display the stock position and the rates thereof as stated above and convicted him therefor under Section 7 of the Essential Commodities Act and sentenced him to rigorous imprisonment for three months and to pay a fine of Rs. 100/ -, in default whereof, directed the petitioner to undergo rigorous imprisonment for 15 days. The petitioner failed in his search for acquittal before the lower appellate Court and hence this revision.

(3.) IT is unnecessary to decide whether the articles were stored in the shop or in the house in view of the conclusion reached that it was not imperative to maintain the stock list or display the price list on a holiday when the shop remains closed. In the result, I accept the revision. The judgements of the courts below are set aside and the petitioner is acquitted. Revision dismissed.