BABULA PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 21.04.1990 passed by the learned Special Judge, Koraput, Jeypore in T.R. Case No.19 of 1990 convicting the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act and sentencing him to undergo rigorous imprisonment for three months and to pay a fine of Rs. 500/ -, in default to undergo rigorous imprisonment for one month.

(2.) THE case of the prosecution is that on 24.10.1987, the appellant was found in possession of 13 quintals and 9 K.Gs. of coarse paddy in the weekly market at Bobia. He had no licence or permit in support of such possession. The Supply Inspector, Kotpad, detected the stock of such paddy with the accused and seized the same along with weighing scale and weighing instrument from the possession of the accused. Thereafter, he launched prosecution.

(3.) IN order to prove its case, prosecution examined two witnesses including the Supply Inspector and proved three documents in evidence. Defence examined three witnesses and proved in evidence a sale deed (Ext.A). Learned Special Judge, who tried the case, by his judgment dated 21.04.1990 convicted the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act for contravention of Clause -3(1) of the Orissa Rice and Paddy Control Order, 1965 and sentenced him to undergo rigorous imprisonment for three months and to pay a fine of Rs. 500/ - in default to undergo rigorous imprisonment for one month.