SAMAKURTI KAMESWAR RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant in this appeal has called in question the conviction passed by the learned Special Judge Koraput in T.R. Case No. 9 of 1991 convicting the appellant for offence under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for contravention of Clause-3 of the Orissa Rice and Paddy Control Order 1965 (in short, the Control Order) and the sentence imposed on him to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs. 500/- (five hundred) with default stipulation of undergoing rigorous imprisonment for three months.

(2.) Prosecution case is that on 2-6-1988, the Inspector of Supplies with his staff went to the shop of the appellant situated at daily market at Jeypore. On inspection, he found 19 quintals and 91 kgs. of rice to have been kept in 22 bags in his shop. The appellant could not produce any authority or licence for storage of such quantity of rice in his shop for which the stock was seized. On completion of enquiry, prosecution report was submitted against the appellant for contravention of the Clause (3) of the Control Order.

(3.) Prosecution in the case has examined three witnesses out of whom P.W. 1 is the Inspector of Supplies, P.W.2 is another Inspector of Supplies. One independent witness has been examined as P.W.3.