KOTAKOTA GOPALAM Vs. STATE

JUDGEMENT

(1.) THE point raised in this case is whether a person charged for contravention of Clause 3 of the Orissa Coarse Grains (Movement Control) Order, 1966 (hereinafter referred to as the 'Movement Control Order of 1966') can be convicted for violation of Clause 3 of the Orissa Foodgrain Dealer's Licensing Order, 1964 (hereinafter referred to as the 'Licensing Order of 1964').

(2.) THE case against the Petitioner is that on 22 -2 -1975 the Officer -in -charge of Padwa police -station on receipt of reliable information about the storage of ragi by the Petitioner in his house, proceeded to village Kantasaru and searched the house. He found 20 bags of ragi measuring 20 quintals and seized the same vide, seizure list (Ext. 1). After completion of investigation charge -sheet was submitted against the Petitioner. The learned Magistrate framed charge against the Petitioner in the following manner:

(3.) THE Petitioner was found in possession of 20 quintals of ragi. Both the Courts below held that the Petitioner had clear notice of the factual elements of the offence envisaged under Clause 3 of the Licensing Order of 1964, and the prosecution has established facts constituting the offence under Clause 3 of the said Order. According to the Courts below the Petitioner is liable for contravention of Clause 3 of the Licensing Order of 1964 punishable under Section 7 of the Essential Commodities Act. Accordingly the Petitioner was convicted under Section 7 of the E.C. Act and was sentenced to pay fine of Rs. 1,000/ -, in default to undergo R.I. for one month, by the trial Court which was maintained in appeal.