DWARAKA PRASAD AGARWALA Vs. STATE

JUDGEMENT

(1.) PETITIONER Dwaraka Prasad Agarwala is the owner of a rice mill at Junagarh in Kalahandi district. Proforma opposite party Jayashankar Patra (driver) was transporting 100 bags of rice from Junagarh to Cuttack on 25 -9 -79 in the truck bearing registration No. ORH 1699 belonging to the petitioner. On that day the Inspector of Supplies, Khurda, seized the truck and lodged prosecution report against the petitioner and the driver of the truck for contravention of Clauses 2 and 11 of the Orissa Rice and paddy Control Order, 1974 (1965 ?) punishable under Section 7 of the Essential Commodities Act. Thereafter the petitioner moved the Civil Supplies authorities for withdrawal of the aforesaid case inter alia on the ground that he is a licensed wholesale dealer under the Orissa Rice and Paddy Control Order, 1965 and since the rice was transported from Junagarh to Cuttack, no offence was committed as alleged. The State Government in their letter dated 2.2.1980 wrote to the S. D. O., Khurda to withdraw the case as it is not tenable in law. Thereafter the A.P.P. filed an application under Section 321 Cr. P.C. on 16.4.1980 praying for withdrawal of the case as no case was made out under the aforesaid provisions. But the S. D. J. M., Khurda did not give his consent for the withdrawal of the case. Against the aforesaid order of the S. D. J. M., the present revision has been filed.

(2.) MR . Patnaik, learned counsel appearing for the petitioner, submitted that the reasons given by the learned Magistrate refusing to grant permission are absolutely unbendable and he should have granted permission. According to him there was no contravention of Clauses 3 and 11 of the Orissa Rice and paddy Control Order, 1965, as the petitioner has satisfied the authorities that he has a valid licence to deal in rice and paddy as a wholesale dealer. He relied on a decision reported in 45 Cut LT 51 : (1978 Cri LJ 686) (Hariram Agarwala v. State of Orissa) wherein it has been held that the act of carrying paddy in the truck does not amount to 'storing'. 'Storage' in common parlance meaning connotes the concept of continued possession. Transshipments in a moving vehicle would not amount to storage within the meaning of the Orissa Rice and Paddy Control Order, 1965.