STATE OF ORISSA Vs. KELU CHARAN PANIGRAHI

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 4.12.1990 passed by the Learned Special Judge, Cuttack in G.R. Case No. 18 of 1988.

(2.) FROM the facts of the case, it is revealed that on the information of the Inspector, Vigilance Cell, Cuttack lodged before the Superintendent of Police (Vigilance), Central Division, Cuttack on 5.5.1988, a formal F.I.R. was registered under Section 7/9 of the Essential Commodities Act, 1955 (for short, 'the Act'). After investigation, a P.R. was filed. It is the case of the prosecution that the respondent No. 1 -accused was a dealer of Essential Commodities under the Act. On 15.4.1988, the informant, Inspector of Vigilance Cell, visited the shop of the respondent No. 1 accused and conducted a surprise check with the help of Inspector, Shri S.B. Patnaik and Sub -Inspector, namely, Shri Prahallad Das. On perusal of the Books of Accounts and the stock register of the control commodities maintained by the respondent No. 1, for the year 1987 -88 in respect of sugar, wheat, mustard oil, kerosene oil and dal, he found that there was shortage of 57kgs. of wheat as well as 21 litres of kerosene oil and sugar was found to be in excess by 52 kgs. along with excess dal of 3 kgs.

(3.) IT is seen from the impugned order that the learned trial Court has meticulously examined the statements of the witnesses adduced by the prosecution before coming to the above conclusions.