RAMBHALAL SAHU AND ANR. Vs. STATE

JUDGEMENT

(1.) The judgment and order of conviction passed by the Learned Special Judge -cum -Sessions Judge, Kalahandi, Bhawanipatna in G.R. Case No. 62 of 1988 is assailed in this appeal.

(2.) On the basis of an FIR (Ext. 15) filed by PW8 who was the Supply Inspector at Boden Police Station, the criminal action was set in motion against the Appellants. It was stated in the FIR that Appellant No. 1 was the Secretary and Appellant No. 2 was the Salesman of Khaira Service Co -operative Society. The said Service Co -operative Society (for short 'SCS') was a dealer in control commodities. On 9 -5 -1988, nineteen tins of Palmolein oil had been supplied by the BDO, Boden to the SCS for distribution to the consumers. Being directed by the BDO, the informant Supply Inspector (PW8) had been to the aforesaid SCS for verification of the Stock of Palmolein oil on 9 -5 -1988 and 10 -5 -1988 but as the Appellants were absent in the SCS, he could not verify the stock. Thereafter on 12 -5 -1988 he again went to the, SCS along with the BDO (PW4) and still finding the Appellant not there, the said two witnesses sealed the godown of the SCS. On 13 -5 -1988 PWs 4 and 8 along with the ACSO, Nawapara (PW5) and the Nizarat Officer -cum -Executive Magistrate, Nawapara (PW6) made physical verification of the Stock of Palmolein Oil in the godown of the SCS in presence of other witnesses and found only nine tins of oil out of nineteen tins. On the basis of the FIR investigation was made, charge -sheet was submitted against the Appellants for alleged contravention of Clause 3 of the Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973 punishable under Sec. 7 of the Essential Commodities Act, 1956.

(3.) The defence of the Appellants was that though 19 tins of oil had in fact been supplied to the SCS, due to shortage of space in the godown of the SCS only 9 tins had been lifted from the Khariar SCS and the rest 10 tins were left with that SCS. They denied the charge framed against them.