STATE OF ORISSA Vs. BABULAL SAROGI

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the learned Chief Judicial Magistrate, Cuttack acquitting the Respondent and other accused persons of the charge under Section 7 of the Essential Commodities Act for violation of Clause 3 of the Orissa Declaration and Prices of Essential Commodities Order, 1973 (hereinafter referred to as the 'Order').

(2.) THE prosecution case in short was that P.W. 9 an Inspector of Vigilance along with other officers conducted a raid of the shop of the Respondent on 9 -6 -1976. He made physical verification of essential commodities such as torch light batteries, oil and paper. He detected that the price board displayed in the shop premises reflected the stock position as on 5 -6 -1976. As such, it was not maintained up -to -date as on 9 -6 -1976 and further there was substantial discrepancy between the actual stock of some items of essential commodities with those reflected on the price board. Accordingly, after making necessary seizure of the price board, essential commodities and cash and credit memo etc., charge sheet was submitted against the Respondent and five other partners of the firm.

(3.) THE learned Chief Judicial Magistrate held that the business premises raided by P.W. 9 were not the godown but were the shop of the Respondent. He, however, accepted the defence plea that the, shop was closed from 6 -6 -1976 to 9 -6 -1976 and so it was not possible to make the price board up -to -date for which the discrepancy as alleged was detected. He further held that the other accused persons were the sleeping partners of the firm and were not actively associated with the business. Accordingly, he held that the charge against the Respondent and the other accused persons was not established by the prosecution and so he acquitted them. The Government Appeal was admitted as against the Respondent only.