RAMESH PRASAD SHUKLA Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this Criminal Appeal, the appellant has challenged the judgment and order dtd. 18/12/1993 passed by the learned District and Sessions Judge-cum-Special Judge, Kalahandi-Nawapara at Bhawanipatna in 11 (c) CC No.5/87, convicting him for commission of the offence under Sec. 7 of the Essential Commodities Act (in short 'E.C. Act') and sentencing him to undergo R.I. for one year and to pay a fine of Rs.3,000.00, in default to undergo further R.I. for three months.

(2.) The prosecution case in brief is that on 28/8/1987 at about 7.30 p.m., the Inspector of Supplies - Prakash Chandra Patro alongwith Ramanath Hota went to the rice mill of the appellant situated at Biswanathpur under Lanjigarh Police Station and found 11 bags of rice weighing 10 quintal 12 Kgs and 80 grams lying in the mill. On being asked, the appellant replied that it belonged to a fair price shop dealer, namely Naresh Prasad Shukla of village Kirkhola under Lanjigarh block who lifted the said rice from Biswanathpur Government Depot and kept it in his rice huller for transportation. The appellant produced only one issue order dtd. 27/8/1987 for five quintals of rice and the tally register from which it was found that the retailer lifted five quintals of rice on 20/8/1987 to have been sold to the consumers of the area and he has again lifted five quintals of rice on 27/8/1987 for sale to the consumers. This exceeded the permissible limit and the appellant having failed to produce any authority for possession of the same, the P.R. was submitted by the Inspector of Supplies which was registered as 2 (c) CC Case No.05 of 1987 for the offence under Sec. 7 of the Essential Commodities Act.

(3.) The plea of the defence is complete denial.