STATE OF ORISSA Vs. ARJUNA DAS

JUDGEMENT

(1.) Acquittal of respondents is assailed by the State in this appeal u/S.378, Cr. P.C.

(2.) Both the respondents were prosecuted for offence u/S.7 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act') for contravention of cl. 3 of the Orissa Baby Food Licencing Order, 1966 (hereinafter referred to as 'the Order') made by State Government in exercise of power u/S.3 of the Act. Respondent No. 2 is the Proprietor of M /s. Bharat General Store, Jharsuguda and respondent No. 1 is manager of respondent No. 2.

(3.) Prosecution case is that respondent No. 2 had licence under the Order for the year 1980 as wholesale dealer as well as retail dealer in name of his business concern M/s. Bharat General Store. For the year 1981 although licence as whole-sale dealer was renewed, such licence of retail dealership had not been renewed. Without renewal of retail licence he was selling Amul Spray to consumers. On 25-7-1981 on being deputed by P.W. 2, P.W.4 purchased Amul Spray of 1 kilogram weight from M/s Bharat General Store which is in contravention of Cl. 3 of the order.