PREM BAHADUR Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER was a driver of a public carrier vehicle bearing registration number. ORN 3905. Messrs Mamchand Munilal at Jharsuguda was working as a Storage Agent of the Food Corporation of India. One hundred bags of rice were to be moved from the said firm at Jharsuguda to Messrs Biswanath Rice Mills at Belpahar and the services of this truck were utilised. The truck left the godowns at Jharsuguda by about 4.30 P.M. on 13.10.1973. P.W. 7, the Vigilance Inspector checked this vehicle at Shankara Check -Gate which is about 2 kilometres before Sundargarh on the Jharsuguda side around 6 P.M. and seized the stock and submitted a first information report at the Vigilance Police Station of Sambalpur. Petitioner, one Nowrangalal Agarwal of Messrs Biswanath Rice Mills and a Supply Inspector were charge -sheeted. The Supply Inspector was discharged by the Magistrate and the other two were put on trial. Nowranglal was acquitted by the trial court. It is unnecessary to refer to the prosecution case so far as he is concerned.

(2.) THE learned Chief Judicial Magistrate who tried the case drew up the charge .against the petitioner in the following way:

(3.) PETITIONER had been charged for contravening Clause 3 of the Orissa Rice and Paddy Control Order of 1965 (hereinafter referred to as the 'Orissa Order'). This Orissa Order has been made by the State Government in exercise of powers conferred by Section 3 of the Essential Commodities Act of 1955 and violation of any provision in this order is punishable under Section 7 of the Essential Commodities Act. Clause 3 requires that no person shall act as a dealer except under and in accordance with a licence issued in that behalf by the licensing authority. "Deeler" has been defined in Clause 2 (b) of the Order to mean -