HUKUM CHAND AGARWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order of conviction recorded by the learned Judge, Special Court, Sambalpur in T.R. No. 37 of 1987 convicting the appellant for commission of offence under Section 7(1)(a)(ii) of the Essential Commodities Act and sentencing him to imprisonment for one year.

(2.) The case of the prosecution is that P.W.2., S.I. of Ainthapali Police Station received a telephonic information from Town Police Station on 7.7.1987 regarding unlawful storage of edible oil by the appellant. Having received the information, he conducted a raid in the godown of the appellant and seized 140 tins of edible oil kept in the godown. The appellant failed to produce the stock register in support of such possession and took a plea that he was transporting the edible oil to Jharsuguda and since the vehicle went out of order, he kept the oil tins in his godown. On the above allegation, charge-sheet was submitted for violation of Clause 3 of Orissa Pulses Edible Oil Seeds and Edible Oil Dealers Licence Control Order, 1977. P.W.2 was of the view that there has been violation of Clause 3 of Orissa Pulses Edible Oil Seeds and Edible Oil Dealers Licence Control Order, 1977 and accordingly, the offence under Section 7 of the Essential Commodities Act has been committed.

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