HARIRAM AGARWALA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has been convicted under Section 7 of the Essential Commodities Act, 1955 for contravention of Clause 3 of the Orissa Rice and Paddy Control Order, 1965 (hereinafter referred to as the "Order") and sentenced to undergo' R. I. for 30 days. The seized paddy has been ordered to be confiscated to the State.

(2.) PROSECUTION case was that the petitioner is the owner of Truck No. O.R.U. 2471 and on 8 -7 -71 at 11 a.m. he was found carrying 101 bags of paddy weighing 75.75 quintals in the truck, P.W. 1, the Inspector of Supplies, Attabira checked the truck at Godbhanga Check -gate and seized the paddy under the seizure list Ext. 1. It was alleged that the petitioner had purchased the paddy on one calendar day without licence in contravention of clause 3 of the Order.

(3.) BOTH the courts below discarded the defence plea holding that Exts. A and B series had been subsequently created by the petitioner for the purpose of defence,