RAMABATAR AGARWALLA Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against an order taking cognizance of an offence of abetment of offence under section 7 of the Essential Commodities Act, 1955 read with Clause (3) of the Orissa Petroleum Products (Sale by Dealers) Order, 1979.

(2.) THE gist of the prosecution case is that one B. Bhaskar Patra has a fuelling station at Muniguda who carries on business of sale or storage for purpose of sale of petroleum products to consumers. On 29 -3 -79, the Inspector of Supplies along with others suddenly inspected the business premises of the dealer around noon and found stationed one truck bearing number ORR 767 loaded with 14 barrels of diesel oil containing 2800 litres and one jeep bearing number MRB 403 loaded with two barrels containing 400 litres of high -speed diesel oil. It is said that the petitioner who was in the jeep could produce cash -memos in support of purchase of 2800 litres of diesel oil, but he could not produce any cash -memo in support of the 400 litres of oil loaded in two barrels in the jeep. The dealer admitted to have sold 3200 litres of oil.

(3.) IT would be evident from the aforesaid narration that the only allegation against the petitioner is that he had purchased 3200 litres of diesel oil and was carrying the same in barrels loaded on two vehicles. At one place, he has been described as an abettor. Otherwise, there is no specific allegation.