CHUDAMANI PATEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both these appeals arise out of the judgment of conviction passed by the learned Special Judge, Sundargarh in 2(c) C.C. No. 08 of 1990 (T. R. No. 08 of 1990 convicting the appellants for commission of offence under section 7 of Essential Commodities Act, 1955 for contravention of Clause-3 of the Odisha Rice and Paddy Control Order, 1955 and sentence to undergo rigorous imprisonment for a period of 1 (one) year and to pay a fine of Rs. 5000/- in default to undergo rigorous imprisonment for 3 months. Therefore, both the appeals having been heard are being disposed of by the common judgment.

(2.) Prosecution case is that on 5-12-1988, information was received by the Marketing Inspector Civil Supplies (Sadar), Sundargarh that a mini truck bearing registration No. ORN-8251 was transporting rice unauth-orisedly. Therefore, he with the Executive Magistrate and Asst. Civil Supply Officer proceeded towards Balijor. At around 8.30 p.m. seeing the truck, they detained it, when appellant Chandiram, who was driver of the vehicle, fled away. It was then detected that the truck was carrying 43 bags of rice. The rice found to have been loaded in the truck with also the truck and other documents were seized. It being night, weighment was not possible and therefore on the next day the weighment of the contents of the bags was made followed by preparation of detail chart showing the quantity of seized rice as Q. 36.29 kgs. The prosecution report being submitted against the appellants who are the owner and driver of the said truck, they faced the trial.

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