LAWS(ORI)-1994-11-21

LAXMI NARAYANA DAS Vs. STATE

Decided On November 07, 1994
LAXMI NARAYANA DAS Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The present revision petition arises out of the conviction of the petitioner under Section 7(1)(a)(ii) of the Essential Commodities Act for having contravened clause 3 of the Orissa Rice and Paddy Control Order, 1965 (hereinafter called, 'the Order').

(2.) According to the prosecution, the godown of the accused-petitioner at Chitrakonda was searched on 9-2-1991 and 36 quintals of rice were found to have been stored in that godown. Since the accused had got no licence or authority to store such quantity of rice, the same was seized by the Assistant Civil Supplies Officer, Malkangiri. It was alleged that during the seizure, the accused-petitioner produced one cash memo showing purchase of five bags of rice weighing five quintals and also gave a statement.

(3.) The plea of the defence was that he kept the seized rice for his own consumption and for the consumption of his labourers as he was a contractor in the Block. No evidence has been adduced by the accused-petitioner.