M SUBBA RAO Vs. STATE

JUDGEMENT

(1.) THE petitioner has been convicted under Section 7 of the Essential Commodities act and sentenced to pay a fine of Rs. 300 in default to undergo R. I. for three months.

(2.) IT is the case of the prosecution that on 26-6-1962 a motor lorry ORK No. 204 when being checked at the Police Station Korapul, was found carrying 36 bags of rice weighing 108 maunds. On enquiry it was learnt that sixty maunds out of the same belonged to the petitioner and the rest forty-eight mauads to one Basudeb misra. Thereafter the petitioner was prosecuted for having purchased and transported more than fifty maunds of rice in a single calendar day in contravention of Clause 3 of the Orissa Food Grains Dealers Licensing Order, 1959, thus committing an offence under Section 7 of the Essential Commodities Act.

(3.) THE plea of the petitioner was that only 16 bags weighing 48 maunds belonged to him and the balance four bags weighing 12 maunds belonged to one bangarayya and though he produced cash-memo in support of the aforesaid purchase. he was unnecessarily being prosecuted while Basudeb Misra, who also owned forty-eight maunds under similar circumstances was let off on production of cash-memo The petitioner examined D. W 1, the manager of Sriram Trading company in support of his defence, that he purchased only 15 bags and five bags belonged to Bangariva.