SURENDRANATH WIG Vs. STATE

JUDGEMENT

(1.) A difference having arisen as regards the proper interpretation of Clause 3 of the Orissa Declaration of Stocks and Price of Essential Commodities Order, 1973 (hereinafter referred to as 'the Orissa Order] with the Hon'ble Mr. Justice S. C. Mohapatra taking a different view than that taken earlier in some other decisions of the Court, this appeal has come before us by reference.

(2.) The brief facts necessary to explain the case are that the appellant is a retailer at Barbil whose shop was checked on 29-5-1983 at about 5 p.m. by the P.W. 1, the Civil Supplies Supervisor. P.W.1 booked the appellant for violation of Clause 3 of the Orissa Order since the declaration board maintained by him did not show the mention regarding 22 quires of writing paper though such stock was available. The stock of paper was seized by P.W. 1 who prepared a prosecution report and produced the appellant before the Mobile Court. The plea of the appellant was of his having purchased the paper from a wholesaler at 4 p.m. that very day and hence the stock to have not been displayed in the declaration board. During the trial while the prosecution proved its case through P.Ws. 1 and 2, the latter being the Inspector of Weights and Measures who was present at the check, the appellant established the fact of his having purchased the papers on that very day by examining D.W. 1 who proved the credit memo of 29-5-1983 under which he had sold 2 reams of white paper to the appellant on that day. The Special Judge while did not disbelieve the fact of purchase of the paper on 29-5-1983, yet held that the appellant was under a duty to forthwith show such stock of paper when the stock arrived at the retail shop and having not done that, he had contravened the Clause 3 of the Orissa Order and for the reasons, sentenced him to three months' R.I. In the appeal before this Court the learned Single Judge agreed with the Special Judge but since there are earlier decisions of this Court to the contrary, referred the matter to be placed before the larger Bench.

(3.) For an appreciation of the question involved it is necessary to extract clause 3 of the Orissa Order as it now stands after amendment on 24-1-1982, and as it stood prior to the amendment : Before 24-3-1982 From 24-3-1982