SRIKANTA NARAYAN BHANJ Vs. GANANATH MISHRA

JUDGEMENT

(1.) IN this Appeal the appellant challenges the judgment and order dated 21.11.1990 passed by the learned Judge, Special Court, Sambalpur, in T. R. Case No. 1 of 1990 convicting the appellant under sections 7 (1) (a) (ii) of the Essential Commodities Act and sentencing him to undergo R. I. for three months and to pay a fine of ' 500/ -, in default to undergo R. I. for three months.

(2.) THE prosecution case in a nutshell is that the appellant was a retail dealer of essential commodities at Khandadhipa and he had been granted licence (Ext. 5) by the licensing authority. On 13.9.1989 he received seven quintals of levy sugar from the Storage Agent and while keeping four quintals (four bags) in his business premises, he was attempting to dispose of three quintals of sugar in black market when he was detected by the public. The Supply Inspector, P.W. 2, reached the spot and enquired about the matter from the accused, who allegedly confessed his guilt. P.W. 2 seized three bags of sugar as per seizure list, Ext. 1 and kept the same in zima of one R. S. Agrawala. It is, therefore, alleged that the accused violated Clauses -7 and 9 of the Sugar Dealers Licensing Order, 1963 and Clauses 2. 4, 5. 6 and 10 of the conditions of the licence.

(3.) THE defence plea is a complete denial of the prosecution case.