KISHORE CHANDRA DAS Vs. STATE

JUDGEMENT

(1.) HAVING heard Mr. A.C. Mohanty, the learned Counsel for the Petitioner and Mr. A. Rath, the learned Additional Standing Counsel, I am of the view that the order of conviction passed against the Petitioner under Section 7 of the Essential Commodities Act for violating Clause 3 of the Orissa Declaration of Stocks and Price of Essential Commodities Order, 1973, with a sentence of six months' rigorous imprisonment and a fine of Rs. 500/ - and in default of payment thereof, to undergo rigorous imprisonment for a further period of two months, passed by the trial Court and maintained by the appellate Court, must be set aside in the absence of evidence to show that on 7 -6 -1976, i.e. the day on which the Sub -Inspector of Police (P.W. 4) visited the shop, of the Petitioner, the latter, dealing in essential commodities, viz. tyres and tubes, had his shop open and in view of the clear statements made by P.Ws. 1 and 2 lending assurance to the case of the defence that it was a holiday for the shop of the Petitioner and over -looking the fact the Petitioner had no legal obligation to display the position of the stock of tyres and tubes and the prices thereof in the Board on a day on which his shop was closed. Clause 3 of the Order alleged to have been contravened reads:

(2.) I would accordingly allow the revision and set aside the order of conviction and sentences passed against the Petitioner with a direction that the seized articles shall be returned to the Petitioner.