STATE OF ORISSA Vs. DURYODHAN SAHU

JUDGEMENT

(1.) THE State of Orissa assails the judgment dated 11.8.1992 passed by the Sessions Judge -cum -Special Judge, Ganjam, Berhampur in G.R.Case No. 8 of 1990 (V) (T.R.No. 9 of 1990) wherein he acquitted the accused -respondent.

(2.) SUCCINCTLY stated, the prosecution case is that on 6.4.1990, the Inspector of Vigilance Special Squad, Berhampur (P.W.7), raided the business premises and the residential house of the accused -respondent in presence of Inspector of Commercial Taxes, Vigilance Unit, Berhampur (P.W.2), A.C.S.O., Berhampur (P.W.3) and Inspector of Supplies, Berhampur (P.W.5) and recovered 165 Kgs. of ground -nut oil, 170 kgs. of til oil, 124 kgs. of mustard oil, 115 kgs. of niger oil, 163 kgs. of refined oil, 110.900 kgs. of coconut oil and prepared two seizure lists in respect thereof, copies of which were given to the accused -respondent in token of which he put his signature on both the documents. As the accused -appellant failed to produce any authority in support of his possession of the edible oil, P.W.7 reported the incident in writing to the S.P., Vigilance, Berhampur, who directed P.W. 1 to register the case and accordingly, the case was registered. On the direction of the S.P. Vigilance, P.W.7 took up investigation, in course of which, he examined the witnesses and on the eve of his transfer, made over charge of the case to his successor (P.W.6), who after completion of investigation submitted charge -sheet against the accused -respondent under Section 7 of the Essential Commodities Act (hereinafter referred to as "E.C.Act") on the allegation that he violated Clauses 3 of Orissa Pulses and Edible Oils Dealers (Licensing) Order, 1977.

(3.) AFTER assessing the evidence on record, the trial Court acquitted the accused -respondent on the ground that there was no satisfactory evidence to show that the accused -respondent was found in possession of more than 5 quintals of edible oil.