BIJAY KUMAR PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The two appellants in the two criminal appeals assail their conviction for the offence under section 7 of the Essential Commodities Act, 1955. Each of them has been sentenced to undergo rigorous imprisonment for three months and to pay fine of Rs. 1,000/- in default to undergo rigorous imprisonment for one month more.

(2.) Appellant Bijaya was the Managing Director and appellant Bhagaban the Store In-charge-cum Accountant of Large Sized Multipurpose Co-operative Society (in short L.A.M.P.), Kundra. On 24.7.1986 the officials of the Vigilance Police Station, Berhampur raided the go-down of the Society and found the Books of Account maintained upto 30.6.1986 and as per the same there was stock of 10 quintals and 70 K.Gs. of sugar whereas the actual stock stood at 13 quintals 53 K.Gs. and 300 grams. Thus there was excess stock of 2 quintals and 83 K.Gs. of sugar. A case under section 7 of the Essential Commodities Act was registered at Berhampur Vigilance Police Station against both the appellants and ultimately charge-sheet was filed alleging violation of provisions of Section 3 (1) (a) to (d) of the licensing order 1963 by not maintaining the daily accounts of essential commodities, thereby violated Section 3 (d) of Essential Commodities Act and liable under section 7 of Essential Commodities Act.

(3.) The learned Special Judge, Koraput, held summary trial and has passed the impugned judgment of conviction and sentence against the appellants. As to non-maintenance of books of accounts from day to day and particularly from 1.7.1986 to 24.7.1986, the learned Special Judge held that the same was without any mens rea and the appellants are not guilty of such accusation. He, however, held that appellant Bhagaban being, the agent of appellant Bijaya, both of them are liable for the offence under section 7 of the Essential Commodities Act, 1955, as by keeping excess stock of 2 quintals 83 Kgs. and 300 grams of sugar they have contravened clause 3 read with clause 7 of the Orissa Sugar Dealers Licensing Order, 1963 read with condition no. 3 of the Licence which is in contravention of section 3 (2) (d) of the Act.