BAIRAGI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Appeal has been filed, inter alia, challenging the judgment and the order of conviction of the appellant under Section 7 of the Essential Commodities Act and sentence to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs. 500/ -, in default, to undergo R.I. for one month in G.R.Case No. 1476 of 1985.

(2.) BEREFT of all unnecessary details, the short facts as spelt out from the prosecution report are : On 24.5.1985 around 2 p.m. the appellant was found carrying 4 tins of Kerosene each containing 17 litres in his bi -cycle. Thus, he was in unlawful possession of 68 litres of Kerosene. The Supply Supervisor (P.W.4) seized the Kerosene tins and the bi -cycle vide Ext -2 and gave the same in Zima of P. W. 1 after due execution of a Zimanama (Ext -1). It is submitted that the accused gave an oral statement which was reduced to writing by the Inspector of Supplies as per Ext -4.

(3.) TO substantiate the prosecution case, lour witnesses were examined. In defence one witness was examined.