STATE OF ORISSA Vs. LAXMAN PANIGRAHI

JUDGEMENT

(1.) The State in this appeal has called in question the order of acquittal passed by the learned Sessions Judge-cum-Special Judge, Ganjam-Gajapati, Berhampur acquitting the respondent for the offence under Section 7 of the Essential Commodities Act, 1955 for contravention of provision of Clause 3 of Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973.

(2.) The case of the prosecution is that the respondent is the Proprietor of M/s. Lingaraj Gas, Berhampur, the authorized dealer of Indane Gas, supplied by Indian Oil Corporation Limited. The shop-cum-show room runs near the Engineering School Road, Berhampur, when the godown is at Jaleswarpur, by the side of the road running from Ankoli to Arunapali. The Inspector of Supplies, Berhampur, P.W. 1 with the Additional Tahasildar, Berhampur, P.W.2 when made surprise visit to the shop on 29.07.1994 at 11.30 AM, they found the declaration board to have been exhibited in the shop premises of the respondent in accordance with 'Order' as referred to above. The opening stock had been noted therein to be 170 filled gas cylinders, 15 defective gas cylinders and 380 empty cylinders. In the stock register, the said quantities were shown as opening stock. By the time of verification, 102 gas cylinders were found to have been sold and as such 68 filled gas cylinders would have been there in the premises of the respondent. But instead 144 filled gas cylinders were found on physical verification showing excess stock than indicated. They noticed overwriting in some cash memos issued on 28.07.1994, and the gas cylinders found to have not been delivered to the consumers till 29.07.1994. So, P.W. 1 reported the matter to the Sub-Collector, Berhampur and under his order, the gas cylinders were seized along with the registers and records. On completion of enquiry, prosecution report being submitted, the respondent faced the trial.

(3.) During trial, respondent denied the said allegations. The prosecution in order to establish the case has in total examined two witnesses, besides proving the stock registers, cash memo books and other documents. The respondent has examined himself as D.W. 1.