PUSPA RANJAN PATEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Invoking the revisional jurisdiction of this Court under Section 401 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') the petitioner calls in question the propriety of the judgment of conviction and order of sentence passed by the learned Sessions Judge-cum-Special Judge, Bolangir, in G.R. Case No. 12/1988 (T. R. No. 11/88) wherein he has been found guilty of an offence under Section 7(1)(a)(ii) of the Essential Commodities Act (in short 'the Act') and sentenced to undergo rigorous imprisonment for a period of three months.

(2.) Briefly stated, the prosecution case during the trial is that on 25-1-1988, the accused petitioner was found carrying kerosene oil weighing 35 liters in two tins. As he had no licence as required under the Orissa Kerosene Control Order, 1962 (hereinafter referred to as 'the Control Order') he was prosecuted under Section 7 of the Act for contravention of the aforesaid control. order. The accused pleaded innocence.

(3.) The prosecution to substantiate the charges examined two witnesses. P.W. 1 is the Police Constable who had found the accused carrying kerosene. P.W. 2 is the then Officer-in-charge of Sindhol Police-Station who on production of the accused and the kerosene by P.W. 1, seized the kerosene under seizure-list, Ext. 2, after obtaining the signature of the accused.