HARIDAS NATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) ORDER :- This revision is preferred against the judgement of the learned Additional Session Judge, Sambalpur in Criminate peal No. 90/64 of 1983 confirming the order of the learned Sub divisional Judicial Magistrate, Sambalpur, in 2(c) C.C. No. 136 of 1981 convicting the petitioner under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the 'E.C. Act') for having violated Clause 3 of the Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973 (hereinafter referred to as 'the Order') and sentencing him thereunder to undergo rigorous imprisonment for five days and to pay a fine of Rs. 200/-, in default, to undergo R.I. for one month more.

(2.) The gist of the prosecution care is that on 28-10-1980 the Inspector of Supplies (P.W. 1) inspected the shop of the accused petitioner and found that the petitioner did not display in his shop the opening stock of peas, ground-nut seeds, lever spray, torch cells and potatoes though he was a dealer in these essential commodities and thereby violated Clause 3 of the Order and rendered himself liable under Section 7 of the E.C. Act.

(3.) The plea of the accused-petition or was that the peas, ground nut seeds, potatoes and lever spray found in hie shop on the relevant day were not fit for human consumption and the batteries too were discharged and therefore, they were not mount for sale and so ho did not indicate the opening stock position of there commodities in the board meant for displaying the stock position of the essential commodities sold in his shop.