ARIGADA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment and order dated 21 st June, 1989 passed by the learned Special Judge (E. C. Act), Koraput, Jeypore in T. R. Case No. 51 of 1986 convicting the appellant under Section 7(l)(a)(ii) of the Essential Commodities Act holding him guilty * Against order of G. Narsimhan, Special Judge, Koraput, Jeypore, D/- 21-6-1989. for contravening Clause 14(2) of the Orissa Cement Control Order, 1973 and sentencing him for 3 months rigorous imprisonment and a fine of Rs. 300/- and in default to pay the fine, to undergo 1 month further rigorous imprisonment.

(2.) The brief facts of the case are that one Loknath Satpathy was engaged as a contractor by the NALCO authorities for Civil Construction of NALCO project within the area Damanjodi Town. On 31-6-1986 Loknath Satpathy was issued 200 bags of levy cement by the NALCO authorities from their store for the use at the work site. The levy cement was loaded in truck bearing registration No. OSX-1310 at the Stores Department The truck was being driven by the appellant Angada Nayak. The contractor Loknath Satpathy also travelled in the truck up to some distance, but got down on the way. Thereafter P. W. No.4 Dinabandhu Nayak, A. S. I. of Police, Damanjodi Police Station stopped the said truck at Marichamala and detected 200 bags of cement inside the truck issued by the EIL, NALCO in favour of Loknath Satpathy of M/s. Mangal Industries to its work site located at temporary town ship. The ASI seized the cement in the presence of witnesses and prepared a seizure memo, Ext. 2. He also seized the carbon copy of the gate pass, which was in favour of the appellant. Thereafter an F. I. R. was drawn up by him, which was submitted before the O. I. C. of Damanjodi Police Station who forwarded the same to Officer-in-charge, Semiliguda Police Station for registration of a case. Consequently thereafter cognizance was taken under Section 7 of the Essential Commodities Act for alleged contravention of Clause 14 of the Orissa Cement Control Order (hereinafter referred to as 'O. C. C. O.') by the appellant Angada Nayak as well as Loknath Satpathy, the Contractor. But during the trial, accused Loknath Satpathy absconded. Consequently the case against him was separated.

(3.) The prosecution examined only four witnesses, namely, P. W. No.1, Bhagirathi Mohapatra, who was then posted as an Executive Assistant under the NALCO Project, Damanjodi, P. W. No.2, Laxmi Narayan Checka, who was working as the Senior Stores Officer under E. I. L. at Damanjodi, P. W. No.3, Aruna Kumar Naik, who was a stone supplier to Railways who boarded that truck for coming to his village on the way and P. W. No.4, Dinabandhu Nayak, who was then A. S. I. of Police, Damanjodi Police Station. The appellant-accused had not produced any witness in his defence.