STATE OF ORISSA Vs. ARAVIND TRADING COMPANY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 23.6.1990 passed by the Special Judge, Koraput -Jeypore acquitting the respondent of the offence under Section 7 of the Essential Commodities Act, 1955 in T.R. Case No.59 of 1988.

(2.) THE case of the prosecution is that on 5.9.1987 the Supply Officials P.Ws.3 and 4 inspected the premises of M/s. Aravinda Trading Company in presence of the accused -respondent No.2 Ashok Kumar Agarwal. On verification, it was found that there was shortage of 1002 tins of edible oil. Admittedly, this shortage included 400 tins of ground -nut oil and 600 tins of mustard oil previously pledged with the State Bank of India, Jeypore and kept in Godown No.3 of Jyoti Mills, as a revealed from the subsequent verification, and the remaining two tins of rap -seed oil were sent to Jyoti Mill premises. These two tins of rap -seed oil, as per the report of the prosecution, were found inside the Mill Hall of Jyoti Mills and there was no mention of removal of these two tins to Jyoti Mill premises on the Stock and Price Declaration Board or in the books of accounts of M/s. Aravinda Trading Company. Further, the said company purchased 320 tins of mustard oil from Shyambaba Trading Company, Mall Godown, Cuttack vide purchase bill dated 26.8.1987. Though the goods were received on 29.8.1987, the books of accounts did not reflect receipt of the stock. Thus, respondent No.1 contravened Clauses 6 and 12 of the Licensing Order and Conditions 2(b) and 3(i) of the Licence. According to the prosecution, on 5.9.1987 after inspection of M/s. Aravinda Trading Company, the Departmental Official had also inspected M/s. Jyoti Mills and found 1800 tins of different edible oils stored in Godown No.5, which was not the licensed godown of the said firm but the licensed premises of M/s. Matania Brothers of Jeypore. There was no intimation to the licensing authority regarding the change of place of storage, thereby there was contravention of condition No.2(b) of the licence read with Clause 6 of the Licensing Order. The inspection also revealed that 446 tins of ground -nut oil were found stored inside a Labour Rest Room of Jyoti Mill premises. According to the prosecution these 446 tins belonged to M/s. Arabinda Trading Company, which had not been shown in their account and stored at a place other than the place mentioned in the licence. On this account also the respondents had violated condition No.3 of the licence read with Clause 12 of the Licensing Order.

(3.) IN order to prove its case, the prosecution examined as many as 5 witnesses including the complainant -P.W.3 and another official witness of the Supply Department P.W.4 and proved 41 exhibits. Defence examined only one witness and proved 8 exhibits.