JANMEJAYA MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD argument from the parties, hearing is concluded and the Judgment is as follows.

(2.) ACCORDING to the case of the prosecution, in course of a chance detection of lifting of less quantity of food -grain by two retail dealers, the business premises/godown/Store of the Co -operative Society was searched and verified relating to stock and storage. Accused as the Secretary of the Society, co -operated with the Supervisor (P.W. 5) and the Supply Staff besides an Executive Magistrate. In course of verification it could be learnt that rice and wheat had been stored in more than one place's and the other place of storage was not notified to the verifying Authorities though the condition of licence stipulates so. In course of the trial, accused admitting about the verification of the stock and store, advanced defence plea that the other places of storage was always known to the officers in the Supply Department and therefore, there was no malafide intention of the accused to commit any offence. He advanced further defence plea that the President and the Board of Directors being responsible to the Society, the prosecution against him as the Secretary is not maintainable to shoulder a criminal liability.

(3.) LEARNED Counsel for the Appellant reiterates the contentions raised in the Court below about excluding the Secretary from the liability. When the fact of verification and storage of articles in a place other than the notified store in the licence is proved on record and when the provision in the Bye -Law, as referred to by Learned Sessions Judge, clearly brings home the liability of the Secretary, the aforesaid argument of the Appellant is of no merit. Under such circumstance, there is nothing to interfere with the impugned order of conviction.