MANORAMA SABAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision petition is preferred against the order dated 30.1.1986 of Shri C.R. Pal, Special Judge, Ganjam, Berhampur, taking cognisance against the Petitioner under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') for having violated Clause 10 of the Orissa Sugar Dealers' Licensing Order, 1963.

(2.) THE facts giving rise to the revision may be briefly stated as follows: On 31.7.85 Shri S.N. Panda, Inspector of Supplies, Berhampur, along with the Executive Magistrate and other officials of the Supply Department visited the shop named "Satya Store" situated at Lanjipalli and checked the stock of sugar and the accounts of the said shop, which stands in the name of the Petitioner, and found that the physical stock of sugar tallied with the book balance, but on verification of the said register of sugar and the ration cards, they detected some discrepancies therein. On the basis of the F.I.R. lodged by Shri S.N. Panda, Inspector of Supplies, Berhampur, G.R. Case No. 736 of 1985 was registered against the Petitioner and after completion of investigation, charge -sheet was submitted against the opposite party No. 2 only under Section 7 of the E.C. Act. After the charge -sheet was filed, the learned Special Judge considering the facts that the licence of dealership was issued in the name of Manorama Sabat (Petitioner) and that she is the owner of the shop, took cognizance against the Petitioner also under Section 7 of the Act and directed the issue of summons to her fixing 28.2.86 for her appearance. Being aggrieved by that order, the Petitioner prefers the present revision.

(3.) IN Jagdish Sao's case (supra), while quashing the proceedings taken against the Petitioner under Section 7 of the Act, his Lordship was pleased to observe thus: