T SUSILA PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both these revisions arise out of the one and the same case and, therefore, were heard together and are being disposed of by this common judgment. The two petitioners have been convicted under section 7(1)(a) of the Essential Commodities Act for having contravened clause 15 of the Orissa Cement Control Order, 1973 (herein after referred to as the Control Order) and have been sentenced to undergo rigorous imprisonment for six months each and to pay a fine of rupees one thousand each, in default to undergo further rigorous imprisonment for one month.

(2.) Petitioner T. Susila Patra who is petitioner in Criminal Revision No. 183 of 1983 is the wife of T. Shyam Babu Patra who is petitioner in Criminal Revision No. 190 of 1983. They stood their trial for having contravened the provisions of clauses 11/2), 15, 16 and 17 of the Control Order as well as Conditions 2 and 6 of the Licence issued under the said Order, but the prosecution having failed to establish regarding violation of clauses 11(2), 16 and 17 they have been acquitted of the said charges by the learned Magistrate. Their conviction in question is, however, for the contravention of clause is of the Control Order and the said conviction has been upheld by the learned Additional Sessions Judge in appeal.

(3.) Clause 15 of the Control Order casts an obligation on every stockist obtaining cement to display at a conspicuous place in the premises where the cement is stocked, the stock of cement in his possession as well as the price at which the cement is sold by him. For convenience, clause 15 of the Control Order is quoted herein below in extenso: