PADMANABHA PADHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is preferred against the judgment dated 4.1.1985, passed by the Judge of the Special Court, Koraput, Jeypore, convicting the accused -petitioner under section 7 of the Essential Commodities Act, 1955 and sentencing him there under, to undergo simple imprisonment for four months, and to pay a fine of Rs. 1,000/ -, in default, to undergo simple imprisonment for a further period of one month.

(2.) THE gist of the prosecution case is that on 28/29.9.1981 at about 2 a.m. in the night, as the truck bearing No. ORG 9M4 was coming from the Malkangiri side, it was stopped and checked by the Officer -in -charge of Boipariguda Police Station, in front of the police station, when it was found that the accused -petitioner was carrying 145 bags of levy cement without a valid permit and thereby violated sub -clause (2) of clause 14 of the Orissa Cement Control (Amendment) Order, 1982 (hereinafter referred to as the Cement Control Order) and rendered himself punishable under section 7 of the Essential Commodities Act, 1955 (E.C. Act, for short).

(3.) THE prosecution has examined six witnesses to prove its case. P.W I was a witness to the seizure of a register from the Tatanagar Transport Office at Malkangiri. P.W. 6 was the driver of the truck ORG 9844 who claims that he was engaged by the accused at Malkangiri to carry the cement bags in his truck. P.W. 3 was examined to show that the truck bearing No. ORG 9844 was at Malkangiri on 27.9.1983. P.W. 5 is a witness to the seizure of the 145 bags of cement. P.W. 4 was main I.O. in the case and P.W. 2 took charge of the investigation from P.W. 4 and submitted the chargesheet.