GOBINDA CHANDRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is directed against an order of the Additional Sessions Judge, Cuttack confirming an order of the Judicial Magistrate, 1st Class, Cuttack convicting the accused Petitioner under Section 7(1) of the Essential Commodities Act and sentencing him to undergo S. I. for one month and to pay a fine of Rs. 200/., in default to undergo S. I. for 15 days more.

(2.) THE case against the accused -Petitioner is that he did not maintain the up to -date accounts of kerosine of which he was a retail dealer. The account was not maintained beyond 25 -6 -1973 and he had not indicated the stock position of kerosine. It is alleged that on 18 -11 -1973 when the Additional S.P. and the A.D.M. Cuttack alone with the Officer -in -charge, Sadar P.S. inspected the shop, they found the aforesaid discrepancy and thereby the accused -Petitioner had contravened Clause 12 of the Orissa Kerosene Control Order, 1962 (hereinafter to be referred as the "Order"). After due investigation charge -sheet was submitted against the accused -Petitioner.

(3.) ADMITTEDLY , in this case, as would appear from M.O.I. the Kerosene Sale Register, the accused -Petitioner has not maintained any account of sale of Kerosene beyond 25 -6 -1973 and M.O.III, the chart, also does not indicate the position of Kerosene in stock on 18 -11 -1973 when the accused -Petitioner shop was inspected.