STATE Vs. JAGAT MOHAN PADHI

JUDGEMENT

(1.) The State had filed this appeal u/S. 378(1), Criminal Procedure Code assailing the appellate judgment of the learned Addl. Sessions Judge, Ganjam in appeal acquitting the respondent of the charge u/S. 13(1) of the Rice Milling Industries (Regulation) Act, 1958 (hereinafter, referred to as the 'Act'). The learned Sub-divisional Judicial Magistrate, Chatrapur (S.D.J.M.) had convicted him of the said offence and sentenced him to undergo rigorous imprisonment for three months.

(2.) The gist of the prosecution case is that on 31-3-77 at about 5-30 p.m. when the Inspector of Supplies, Purusottampur (P.W. 4), other supply officials and the Executive Magistrate (P.W.1) visited the rice mill of the respondent they found the mill premises to be locked up and the respondent Jagat Mohan Padhi present on the premises. On being asked by the Supply Inspector to open door of the mill he refused. From the stock of paddy and rice kept inside the mill premises the supply officials came to know that just before their arrival the mill was under operation. On their demand the respondent failed to produce any valid permit to establish the mill and licence for operation therein. On these allegations the Inspector submitted the prosecution report (Ext. 1) against the respondent Jagat Mohan Padhi and his father Raghunath Padhi.

(3.) The accused persons denied the allegations altogether. They denied that they had any rice mill or that they were carrying on any milling operation in rice. They also denied that the supply officials visited the spot on the date as alleged. They further pleaded that due to past enmity with the Supply Inspector a false case was foisted against them.