PUSPA RANJAN PATEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) In view of the contrary decisions of this Court on the question as to whether the Orissa Kerosene Control Order, 1962 applies to a consumer or not, the learned single Judge hearing this criminal revision application thought it proper to refer the following question to a larger Bench ; 'Whether the Orissa Kerosene Control Order, 1962 applies to a consumer or not ?'

(2.) ON 25 -1 -1988, the accused -petitioner was found carrying kerosene oil measuring 35 litres in two tins. He was prosecuted on the ground that he did not possess any licence, as required by the Orissa Kerosene Control Order, 1962 read with the Government Notification bearing S.R.O. No. 264/82 dated 18 -4 -1982 issued in exercise of the powers conferred by Clause 8 of the Control Order. The learned Special Judge convicted the accused under Section 7(1)(a)(ii) of the Essential Commodities Act and sentenced him to undergo rigorous imprisonment for three months.

(3.) ON the other hand, the learned Government Advocate, relying upon the decision of this Court in Pravash Chandra Bachar v. State [(1992) 5 OCR 158], contended that the Control Order specifically fixes the maximum retention limit either for storage or for possession of kerosene in quantity exceeding ten litres at a time. A regulation fixing the maximum retention limit even by an individual is a necessary concomitant of the Power of regulation for storage in the context of the provisions of the Act and the Control Order. Hence the Control Order includes within its purview a consumer also.