RAJKISHORE PATRA @ SUBUDHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order dated 25.05.1988 passed by the Special Judge, Koraput, Jeypore in T.R. Case No. 44 of 1986 convicting the appellant under Section 7 (i) (a) of the Essential Commodities Act, 1955 and sentencing him to undergo rigorous imprisonment for three months and to pay fine of Rs.1,000/ - (one thousand) in default to undergo rigorous imprisonment for a period of twenty days more.

(2.) THE case of the prosecution is that the accused had a grocery shop at Mathelput under Damanjodi P.S. On 15.09.1983, the then Inspector of Supplies with the S.D.O., Koraput and Tahasildar, Pottangi visited that grocery shop at about 4 P.M. the accused -appellant was then present and he was dealing with the customers. On verification, in the shop premises a stock of 14 quintals of rice in 14 gunny bags, 4 quintals of sugar in 4 gunny bags, 5 tins of Niger Oil each containing 16 K.Gs. net and 4 tins of Tusar brand Dalda (Vanaspati) each containing 16 K.Gs. were found. Accused -appellant had no licence or permit to possess rice exceeding ten quintals. He had also not displayed a Board showing the stock and prices of the essential commodities like, rice, sugar, edible oil and ghee and thereby contravened the provisions of Clause 3 of Order, 1965 and Clause 3 of the Order, 1973. The stocks of the aforesaid articles were seized and were given in Zima of the accused -appellant. Ultimately, F.I.R. was lodged after obtaining the approval from the Collector on 5.04.1986. Officer -in -charge, Damanjodi Police Station investigated the case and submitted charge -sheet.

(3.) IN order to prove its case, the prosecution examined as many as three witnesses and exhibited five documents. P.W.1 is the Inspector of Supplies, P.W.2 is the Tahsildar and P.W. 3 is the I.O. The defence examined only one witness, namely Sabarmal Agarwala, a nearby shopkeeper.