RADHESHYAM PRADHAN Vs. STATE

JUDGEMENT

(1.) Short question is whether appellant contravened the Orissa Kerosine Control Order, 1962 (hereinafter referred to as 'the Control Order) made Under Section 3 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') for being convicted and sentenced Under Section 7 of the Act.

(2.) WHEN learned Special Judge explained the parti ulars of the offence to accused in shape of a question recorded in the prescribed form for statement of accused Under Section 313, Cr PC to the effect that accused possessed 28 litres of Kerosine on 1 5 -9 -1992 without licence and asked him if he confesses his guilt, accused while stating that he admits his guilt explained that the same was possessed by him for use in his hotel. With this answer, accused was convicted. Learned Special Judge passed the following order: '4 -1 -1993 : Accused is present. Particulars of the offence stated to him. He is asked if he pleads guilty or would like to contest the case. He pleads guilty. His statement is recorded. He is prosecuted for possession of 28 litres of Kerosine without any licence. The accused, admits possession of 28 litres of Kerosine and says that the same was for his personal consumption in his hotel. Orissa Kerosine Control Order prohibits possession of more than ten litres of Kerosine without a licence even for personal consumption. I, therefore, hold the accused guilty Under Section 7 of the Essential Commodities Act for contravention of Orissa Kerosine Control Order and convict him thereon on admission. The minimum sentence prescribed by law is three months, I sentence the accused to undergo three months' rigosous imprisonment.' Accused has preferred the appeal challenging this aforesaid extracted order.

(3.) KEROSINE is an essential commodity under the Act. State Government has made the Control Order in exercise of power Under Section 3 of the Act. Under Clause 3, carrying on business as wholesale dealer or sub -wholesale dealer is prohibited except under and in accordance with terms and conditions of a licence granted on that behalf. Under Clause 7 carrying on business as a retail dealer is prohibited unless he has made an application in that behalf or he has been granted a certificate permitting him to carry on business as such dealer. Under Clause 8, licensing authorities have been delegated the power to regulate storage, distribution and sale of Kerosene by order notified in Gazette in respect of their respective jurisdictions State Government is a licensing authority for the entire State as defined in Clause 2 (d). In exercise of this power. State Government has directed that no person other than a dealer or an oil company shall store or have in his posse - ssion Kerosene in quantity exceeding ten litres at a time. This notification published in the Orissa Gazette Extraordinary No. 951 dated 24 -6 - 1982 is sought to be relied upon by learned Additional Standing Counsel to bring home guilt of the accused. It reads as follows : 'S.R.O. No, 264/82 - In supersession of Food ft Civil Supplies Department Order No. 20213 -PL. IC -26/79, dated the 3rd May 1979 as amended by order No 7635 -PL. IC. 26/79, dated the 23rd February 1980, the , State . Government in exercise of the powers conferred by Clause 8 of the Orissa Kerosene Control Order, 1962 do hereby direct that no person other than. a dealer or an oil company shall store or have in his possession Kerosene in quantity exceeding ten litres at a time.'