MEHENGA SINGH Vs. STATE

JUDGEMENT

(1.) The appellant calls in question the legality of his conviction for an offence punishable under Section 7 of the Essential Commodities Act, 1955 (for short the 'the Act').

(2.) The appellant (hereinafter referred to as the 'accused') faced trial before the learned Special Judge, Koraput, Jeypore on the allegations that he had contravened the provisions of clauses 2 and 3 of the Orissa Pulses, Edible Oil seeds and Edible Oils Dealers' (Licensing) Order, 1977 (for short the '1977 Licensing Order'), which is punishable under Section 7 of the Act.

(3.) The prosecution case, in nutshell is that on 9-1-1986 the accused was found purchasing till seeds in front of his residential house near the weekly market of Gotijodi. He was also found to have purchased .62.92 kg. of til seeds on that date. The Marketing Inspector, Malkangiri along with Marketing Intelligence Inspector and Revenue Officer of Malkangiri raided the market and also the premises where the accused was purchasing til-seeds. It has been alleged that the til-seeds so purchased had been kept partly in some gunny bags and rest was kept in a heap and weighing instrument were found nearby. The purchased stock being more than the permissible limit of 30 quintals and the appellant having no valid licence and permit it is alleged that he had committed the offence. An F.I.R. was lodged. After due investigation the charge-sheet was laid against the accused to stand his trial under Section 7 of the Act, for contravention of clauses 2 and 3 of the 1977 Licensing Order.