SIDIQUE Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant has been convicted by the learnedSpecial Judge-cum-Sessions Judge, Balangir in II(C) C.C. No.7of 1987/T.R. No.8 of 1987 under Section 7(1)(a)(ii) of theEssential Commodities Act, 1955 (hereinafter referred to as "theE.C. Act") and has been sentenced to undergo R.I. for sixmonths and to pay a fine of Rs.1000/-, in default, to suffer R.I.for a period of one month more. Aggrieved, this appeal has beenfiled.

(2.) Prosecution case is that on 29.07.1996 at 5.15 a.m.,Narayan Prasad Panda, the then Marketing IntelligenceInspector of Patnagarh (P.W.2) when inspected the businesspremises of the appellant, found stock of Kerosene oil in 2contravention of Clause 7(1) of the Orissa Kerosene ControlOrder, 1962. P.W.2 also found no display board indicating thestock and price hanged in that shop which contravened Clause-3 of the Orissa Declaration of Stock and Prices of EssentialCommodities, 1973. That apart, P.W.2 also found the appellantwas dealing with baby food without any licence violating Clause-3 of the Orissa Baby Food Licensing Order, 1966. The appellanthaving failed to produce any licence or authority, P.W.2 seizedthe offending articles and subsequently prosecuted theappellant for the aforesaid contraventions of different Ordersunder the E.C. Act. The learned trial court proceeded with thetrial where prosecution examined only two witnesses. Placingabsolute reliance on the testimony of such official witnesses,trial court held the appellant guilty under Section 7(1)(a)(ii) ofthe E.C. Act.

(3.) Heard the learned counsel for the parties at length.