STATE OF ORISSA Vs. P. BAINSTABA SENAPATI

JUDGEMENT

(1.) UPON hearing Mr. P.K. Mohanty, the learned Additional Government Advocate, for the Appellant and Mr. N.G. Panigrahi, the learned Counsel for the Respondent. I am of the view, for the reasons to follow, that there is no case for interference with the impugned judgment and order of acquittal recorded by Mr. C.R. Dash, the learned Subdivisional Judicial Magistrate, Chatrapur, finding the Respondent to be not guilty of the charge under Section 7 of the Essential Commodities Act for violation of Clause 3 of the Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973 (for short, the 'Order').

(2.) THE prosecution had examined three witnesses to establish its case against the Respondent a dealer in essential commodities at Chatrapur in the district of Ganjam, that on August 12, 1975, he bad displayed in the price and stock board that he had in his stock 15 kilograms of cocoanut oil, although he bad, in fact. 13 kilograms of cocoanut oil in his stock and had displayed in that board that he had in his stock 19 dry batteries bearing No. 1055 although he had, in his stock, 21 such batteries. The plea of the Respondent was that he had correctly displayed in the board the stock he had. The trial court held that the charge had not been brought home to the Respondent.

(3.) CLAUSE 3 of the Order at the relevant time would read thus: