SURENDRANATH SUBUDHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 25-3-1988 passed by the Special Judge, Koraput, Jeypore in T.R. Case No. 1 of 1987 (State v. Surendranath Subudhi) convicting the appellant for the offence punishable under S. 7(1) of the Essential Commodities Act, 1955 and sentencing him to undergo R.I. for six months and to pay a fine of Rs. 1,000/-, in default to undergo R.I. for a further period of one month.

(2.) The prosecution case, in short, is that the appellant-accused is a business man having a grocery shop at village Mathalput. He has his grocery shop adjoining his residential accommodation. There is a bath room near his residence. He has also a godown in front of his grocery shop, and the shop and the godown are intervened by a road. On 16-3-1985 Staff of the Supply Department consisting of the Supply Supervisor, Koraput, Sri Bhagaban Behera, Sri Atithi Charan Sahu, Marketing Intelligence Inspector, Koraput, Supply Supervisor, Suriabeda Sri Pramoth Nath Misra and Revenue Officer-cum-Executive Magistrate. Koraput, Sri Kedar Nath Chhotrai went to village Mathalput and checked the grocery shop of the accused. From the grocery shop, they found 12 tins of Amul Spray each weighing 1 k.g. They wanted to check the godown. Accused denied to have the key of the lock. However, on intervention of the police, he unlocked the door. Inside that godown there were 14 bags of rice. Two bags of rice weighing 1.98 quintals net were of fine variety of boiled rice and the other 12 bags of rice weighing 11.88 quintals net were of fine variety of raw rice. Though the accused refused to have in possession of any other essential commodities, but on further verification 188 litres of kerosene were found to have been kept in 8 tin containers and two jerricans inside the bathroom belonging to the accused. Accused failed to produce any licence or permit in support of possession and storage of the aforesaid articles. As such, the articles were seized by the Marketing Intelligence Inspector. The articles were given in the zima of the accused for which he executed a Zimanama. Accused also gave a voluntary statement which was reduced to writing by the Revenue Officercum-Executive Magistrate. The matter was reported to the police on 11-4-1986 and the Sub-Inspector of Police of Damanjodi P.S. investigated into the case and after completion of investigation, submitted charge-sheet as mentioned above.

(3.) In this regard first of all the provisions of S. 7 of the Essential Commodities Act, 1955 (for short the 'E.C. Act') are required to be perused. They are quoted as under :