(1.) THE State is in appeal against the reversing judgment and order of acquittal recorded by Mr. N. Sengupta, Additional Sessions Judge, Berhampur, holding the respondent, to be not guilty of the charge under Section 7 of the Essential Commodities Act, 1955 (for short. the 'Act') for violation of C1. 3 of the Orissa Declaration of Stocks and Prices of Essential Commodities Order. 1973 (for short, the 'Order') for which he stood convicted by the trial Court and sentence there under to undergo rigorous imprisonment for a period of one year and to pay a fine of Rupees 1,000 and in default of; payment thereof to undergo rigorous imprisonment for a further period of three months.
(2.) THE respondent along with the co -accused person, who was said to be the salesman in his shop, stood charged under S,. 7 of the Act for not displaying the stock of iron rods and G.C.I. sheets in the board as required by Clause 3 of the Order on July 3. 1974, which was detected by the Inspector of Vigilance (P.W. 4) in the presence of P.Ws. 1. to 3. On a consideration of the ' evidence. the trial Court accepted the case of the prosecution and convicted the respondent under Section 7 of the Act. but acquitted the co -accused person holding that he was not guilty of the charge.
(3.) HAVING heard Mr. R. K. Patra for the appellant and Mr. B. B. Ratho for the respondent, I find, for the reasons to follow, that no interference is called for as the view taken by the learned Judge with regard to the factual aspects is reasonably possible and even assuming that another view can be taken on the evidence, that cannot, be a ground for interference in an appeal against an order of acquittal.