C. APPALI Vs. STATE

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (hereinafter referred to as the Act) and sentenced to undergo R.I. for ten days.

(2.) PROSECUTION case is that on 28 -10 -1905 the Petitioner sold 7 Kg. of superfine II rice at the rate of 88 paise per Kg. although the controlled price for the same was fixed at 77 paise. The Petitioner violated the provisions of the Orissa Rice Maximum Prices) Order, 1964 (hereinafter referred to as the Order). The defence plea was that the Petitioner sold the aforesaid class of rice to p.w.2 at the rate of 75 per Kg. The learned (Magistrate accepted the prosecution version. Against the order of conviction the criminal revision has been filed as the sentence of imprisonment being for 10 days no appeal lies under Section 12 -A (3) of the Act.

(3.) SECTION 3, Sub -section (1) of the Act lays down that if the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies' 'of any essential commodity or for securing their equitable distribution and availability at fair prices, it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein.