LAXMINARAYAN SENAPATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant (hereinafter referred to as 'the accused'), being aggrieved by the judgment and order of conviction passed by the learned Special Judge, Koraput, in T.R. Case No. 25 of 1986 has preferred the present appeal. By the impugned judgment the accused has been found guilty under Section 7 of the Essential Commodities Act, 1955 (for short, 'the Act') for contravening clause 3 of the Orissa Pulses, Edible Oil-seeds and Edible Oils Dealers (Licensing) Order, 1977 (for short, '1977 Licensing Order') and clause 3 of the Orissa Declaration of Stocks and Price of Essential Commodities Order, 1973 (for short, '1973 Order'), and has been sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 1,000/-. in default to undergo rigorous imprisonment for a further period of one and half months.

(2.) Shortly stated, the prosecution case was that on 12-12-1985 the Civil Supply Enforcement Squad of Rayagada Sub-division raided the residence-cum-trade premises of the accused and found him to be possessing 65 bags of niger seed, an edible oil seed weighing Q.48.87 Kgs. without valid licence or permit and had stored the same for the purpose of sale. It was further alleged that though the accused had kept the said stock for sale but had not displayed the stock and price board as required in the 1973 Order. An F.I.R. was lodged by the Marketing Inspector, Kolnara at Rayagada P.S. and after due investigation, charge-sheet was laid against the accused to stand his trial under Section 7 of the Act for contravening clause 3 of both 1977 Licensing Order and the 1973 Order.

(3.) The plea of the accused was that he being a cultivator had raised niger seeds and after harvest had kept the same in his threshing floor in heaps and not in gunny bags for sale as alleged by the prosecution.