NARAYAN PATRA Vs. STATE

JUDGEMENT

(1.) Recording of conviction for an offence punishable under Section 7 of the Essential Commodities Act, 1955 (in short, the 'Act') and consequential sentence of six months' simple imprisonment, and fine of Rs. 1,000/ - with a default stipulation as awarded by the learned District and Sessions Judge -cum -Special Judge, Sundargarh, is the subject -matter of challenge in this appeal.

(2.) PROSECUTION case in a nutshell is as follows : On 27 -2 -1984 the Inspector of Supplies, Rourkela along with his colleagues inspected the shop of the appellant (hereinafter referred to as the 'accused'), who is a retail dealer in baby food. It was noticed that the accused had not maintained a register of daily accounts in the requisite Form III relating to transaction of baby food in his possession, thereby violating conditions of licence granted under the Orissa Baby Food Licensing Order, 1966 (in short, the 'Licensing Order'). It was further alleged that there was violation of Clause 10 of the Order as the special board required to be maintained was not so done. In essence the prosecution accusations were that there was violation of the conditions of licence and the licensing order attracting penal consequences under Section 7 of the Act.

(3.) THREE witnesses were examined by the prosecution to further its case, while the accused examined two witnesses. The Inspector of Supplies was examined as PW 2 while his colleagues, the Marketing Inspector and Assistant Civil Supplies Officer were examined as PWs 1 and 3. The accused examined himself as DW 1. The learned Special Judge on consideration of the materials on record held the accused guilty and convicted and sentenced him as aforesaid.