BIJAYA KUMAR AGARWALA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This crirninal revision has been referred to a Division Bench to decide the correctness of the decisions in Prem Bahadur v. State of Orissa, Harirarn Agarwala v. State of Orissa, Panu Saboto v. State of Orissa. In two earlier decisions i.e. in Balabhadra Raja Guru Mohapatra v. State and Gobindaram Agarawala v. State, the word storage was interpreted and their Lordship have held that storage in vessel can also be storage. In the later decisions reported in 44 (1977) C.L.T. 629 the earlier decisions have not been noticed. The decision in Balabhadra Raja Guru Mohopatra v. The State (supra) being a Division Bench decision, by rule of precedence should have been followed. As the principle decided in A.I.R. 1954 Orissa 95-XIX (1958) C.L.T. 439 (supra) and the later decision following 44(1977) C.L.T. 629 are contrary to each other to some extent, it was felt necessary for reference to a Division Bench to examine the correctness of there later decisions.

(2.) The point of reference is whether paddy loaded in a truck in excess of the permissible limit while on transit shall be deemed to be storage within the meaning of the provisions of Rice and Paddy Control Order, 1965 (hereinafter referred to as the Order). It is necessary to quote the relevant provisions of the Order for proper interpretation. The Order has been amended in 1984. The question is of before amendment. In clause 2(b) of the Order dealer has been defined as follows:

(3.) In K J. Aiyers Judicial Dictionary the word storage is interpreted thus; This word is of large amplitude covering all kinds of storages maintained under different conditions for different purposes. In Wobester's Third New International Dictionary, the meaning of storage is: space for storing: a place for storing; an amount stored an the total amount (as of water in a reservoir) that can be stored in a place; the act of storing or state of being stored; the safe keeping of goods in a ware-house or other depository. In Law Lexicon and Legal Maxims the word storage has been defined thus: