MOCHI BISOI Vs. STATE

JUDGEMENT

(1.) THE Petitioner was convicted under Section 7(1) of the Essential Commodities Act (hereinafter called the 'Act') for contravention of Clause 5(1) of the Fertiliser Control Order, 1957 (hereinafter called the 'Order') by Sri R.B. Rajguru, Judicial Magistrate, 1st Class, Aska and was sentenced to undergo R.I. for six months. In appeal before the Sessions Judge, Ganjam -Boudh, Berhampur, the order of conviction of the accused was upheld but the case was remanded to the trial Court for hearing the accused on the question of sentence under Section 248(2) of the Code of Criminal Procedure and (or passing appropriate sentence according to law. Hence the revision.

(2.) THE case of the prosecution is that in the night of 25 -2 -1974 at about 11 p.m., Iswar Jena (P.W. 6) and others of village Govindapur found that three bags of sugar, four bags of fertiliser, one bag of atta and half bag of suji (which were controlled commodities) were being transported in a bullock cart. They stopped the bullock cart and reported the matter to the Block Development Officer (P.W. 2). They also gave report in writing to the Tahasildar, Aska (P.W. 7). The Block Development Officer seized the goods and made them over to the zima of the Sarpanch of the village. The Tahasildar also sent information to the police. The police took UP investigation, seized the goods and submitted charge -sheet against the accused under Section 7 of the Act.

(3.) THE only point for consideration in this case is whether the accused has contravened Clause 5 of the Order. Clause 5(1) of the Fertiliser (Control), Order 1957 is as follows: