RAMA CHANDRA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal is preferred by appellant assailing the judgment and order dtd. 17/12/1993 passed by the learned Special Judge, Puri in T.R. Case No. 3 of 1991 convicting the appellant under Sec. 7 of the E.C. Act and sentenced him to undergo R.I. for a period of three months and to pay a fine of Rs.1000.00, in default to undergo R.I. for one month.

(2.) Heard Mr. Biswa Kumar Mishra, learned Amicus Curiae for the appellant and Ms. Suvalaxmi Devi, learned Additional Standing Counsel for the State.

(3.) The narrative of prosecution report in the present case is that on 26/5/1990, the Assistant Civil Supplies Officer of the Enforcement Squad at Bhubaneswar with his staff and the Supply Inspector, Nimapara were on enforcement duty. In that connection, at about 5 p.m. they reached the market area at Khelar and that area is known as 'Khelar Bazar'. The accused had a grocery shop in that 'Khelar Bazar'. On verification of the articles in that shop, it was found that the accused was in possession of 14 Qtls. of Black gram, 13 Qtls. of Sugar, 4.65 Otls. of Mustard oil in 31 sealed tins and 3 Qtls. of refined oil in 20 sealed tins. The accused had no license or permit to possess or carry on business with the aforesaid essential commodities. Under such circumstance, the aforesaid articles were weighed and seized. The articles were left in the zimma of the accused. The accused also made a voluntary statement stating about the checking and possession of the aforesaid articles in his shop. It is further the case of the prosecution that by the time of checking, the shop was open and transactions were going on. It is also the case of the prosecution that during the time of verification and checking the accused made a false statement that he had applied for license, which was later on found to be untrue and correct. Accordingly, after completion of the investigation, prosecution report for the aforesaid offences was filed.