GOUR CHANDRA GOUDA Vs. STATE

JUDGEMENT

(1.) THE petitioner Goura Chandra Gouda is the driver and the other petitioner banka Jena is the cleaner of a truck, ORG 1387 owned by one A. B. Patnaik of berhampur, District Ganjam.

(2.) THE prosecution case is that the petitioners and one Seetaram Jajodia (since acquitted) were found in possession of 56 bass of wheat weighing 44. 50 quintals, at about 9 p. m. on 15-12-64 at the Malgodown, Cuttack. The stock was found loaded in the said truck. As they had no licence as required under Clause 3 (1) of the Orissa Food Grains Dealer's Licensing Order. 1964. (hereinafter described as the 'licensing Order',) they were prosecuted under Section 7 of the Essential commodities Act, 1955, (hereinafter referred to as 'the Act' ).

(3.) THE plea of the present petitioners was that they were mere employees working in the said vehicle. It was the other accused Seetaram Jajodia who had taken the vehicle on hire for the carriage of the bags to Berhampur. They were not aware of the contents of the bags. The plea of accused Seetaram was that the plea taken by the present petitioners is false, he did not know the petitioners at all. The goods are not his and he was never in possession of the 56 bags of wheat seized from the truck.