SECRETARY MARKET COMMITTEE Vs. JHARI SAHU

JUDGEMENT

(1.) THE Secretary, Market Committee Jatni Railway Fish Market, the complainant in this case, has preferred both these appeals against the orders of the Sessions judge, Puri, acquitting the accused-respondents and setting aside their conviction and sentence passed by the Sub-Divisional Magistrate, Bhubaneswar.

(2.) JHARI Sahu, respondent in criminal appeal No. 59/64 is the brother of Khetrabasi sahu, respondent in criminal appeal No. 60/84. It is the prosecution case that each of them carried on business in potato and onion on 20-6-62 in the market area of Jatni without obtaining necessary license from the local market committee and thereby committed an offence under Section 21 (b) of the Orissa Agricultural produce Market Act, 1956, read with Clause 60 (1) and (7) of the Rules framed thereunder.

(3.) THE plea of the accused was that they carried on their business jointly and held a joint licence (Ext. A) for the year 1960-61. In the year 1962 when they asked for the licence the complainant insisted that each of the accused persons should take separate licences as they were carrying on their business separately in two different rooms in the aforesaid market. Accused Jhari examined himself as a defence witness in both the cases and also produced the previous licence Ext A.