STALE OF ORISSA Vs. B KHALLI PATRO

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the learned Additional Sessions Judge, Berhampur, setting aside the order of conviction and sentence of the respondent under Sec. 7(1)(a)(i) of the Essential Commodities Act (hereinafter referred to as 'the Act').

(2.) THE brief facts of the case are narrated below. The respondent was a dealer of food grains and other articles in village Gunthapada. The front room of his residential house was used as the shop room. Along with the members of his family he lived in the residential portion of the house. It is stated that he had also a godown at some other place. On 25. 8. 1975 at about 10 a. m. the Inspector of Vigilance (P. W. 6 ) along with the Inspector of Commercial Taxes (P. W. 1) and some other officers searched the shop, residence and the godown of the respondent and seize! the following articles by seizure list, Ext, 1 : -

(3.) THE learned Judicial Magistrate in his judgment did not at all make any reference to the charges relating to the contravention of Clause 3 of the Orissa Foodgrains Dealer' Licensing Order, 1964 and Clause 3 of the Orissa Wheat and Wheat Products Control Order, 1973. The judgment is silent as to whether the respondent contravened the provisions of the aforesaid Orders. When specific charges were framed to the effect that the respondent contravened the provisions of Clause 3 of the Orissa Food grains Dealers' Licensing Order, 1964 and Clause 3 of the Wheat and Wheat Products Control Order, 1973 and no order of conviction was recorded, it must be deemed according to law that the respondent was acquitted of those charges.