MANOJ KUMAR MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Manoj Kumar Mohanty in CRA No.20 of 2001 and the appellant Narendra Sethi in CRA No.21 of 2001 faced trial in the Court of learned Special Judge, Rairangpur, Mayurbhanj in G.R. Case no.306 of 1999 (T.C.No.01 of 2000) for the offence punishable under Sec. 7 of the Essential Commodities Act, 1955 (hereafter E.C. Act?) for contravention of the provisions under clause 3(1) of the E.C. Act and clause 8 of the Orissa Rice and Paddy Control Order, 1965 (hereafter 1965 Order?).

(2.) The case of the prosecution, as per the written report (Ext.3) submitted by P.W.2 Swapneswar Mishra, the Marketing Inspector, Bisoi on 1/9/1999 before the officer in-charge of Bisoi police station, in short, is that on 1/9/1999 at about 1.00 p.m. while he was moving in Bisoi market, the villagers of Asansikal namely, Biswaswar Sethi, Chandra Mahakud (P.W.3) and others of village Makhani Bahagida gave a petition to him at about 1.00 p.m. to the effect that appellant Narendra Sethi of village Asansikal was proceeding in his cycle by collecting rice from the Secretary, Bisoi Gram Panchayat retail shop which was located at the weekly hat padia of market complex shop no.7 without ration card. They detained the appellant Narendra Sethy with his cycle and rice. When P.W.2 asked the appellant Narendra Sethi about the authority of possession the rice, the appellant could not produce any document in support of the same except one A.P.L. card bearing No.229827 in which no entry was made about the supply of rice on 1/9/1999. He also verified the sale register of Bisoi Grama Panchayat and noticed that the Secretary had issued one quintal of rice in five ration cards vide nos.229999 of Rabindra Sethi (Ext.9), 229925 of Siba Sethi (Ext.10), 229918 of Subasini Sethi (Ext.11), 229923 of the appellant Narendra Sethi (Ext.12) and 229927 A.P.L. Card of Gangadhara Sethi (Ext.5) @ 20 kgs. per card. In this way, the Secretary had given one quintal of rice to the appellant Narenda Sethi. P.W.2 also verified the sale register of the Secretary of Bisoi G.P. who had issued 20 Kgs. of rice of A.P.L. rice in card no.229927. The appellant Narendra Sethi could not produce the ration cards in support of the B.P.L. category for which P.W.2 seized one quintal of rice, one bi-cycle and one A.P.L. card bearing no.229827 from the appellant. He also seized sale registers on production by the appellant Manoj Kumar Mohanty, Secretary of Bisoi Gram Panchayat.

(3.) The defence plea of the appellant Manoj Kumar Mohanty is that the appellant had taken one quintal of B.P.L. rice from him for five persons, who were the B.P.L. card holders. The defence plea of appellant Narendra Sethi is that he had taken one quintal of B.P.L. rice from the appellant Manoj Kumar Mohanty for the B.P.L. card holders.