DAYANIDHI JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal, filed by the appellant is directed against the judgment and order dtd. 30/4/1993 passed by the learned Special Court, Mayurbhanj, Baripada in 2(c)C.C. Case No.19 of 1991, whereby the appellant has been convicted for the offence under Sec. 7(1)(a)(ii) of the Essential Commodities Act for violation of the Orissa Kerosene Control Order, 1962. On that count, he has been sentenced to undergo R.I. for a period of one month.

(2.) Heard Mr. Mohammad Faradish, learned counsel for the appellant and Mr. Aurobinda Mohanty, learned Additional Standing Counsel for the State.

(3.) The prosecution case, in brief, is that the accused was running a shop near the weekly market at Betnoti. On 25/5/1990, the Marketing Inspector, Betnoti conducted a surprise inspection of the said shop and found that the accused was in possession of 27 litres of kerosene oil stored in three tins within the shop premises. As possession of kerosene oil in excess of 10 litres without a valid dealer's licence is prohibited, the Marketing Inspector seized the said three tins containing 27 litres of kerosene oil and submitted the prosecution report.