BHASKAR CHANDRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 25.08.1990 passed by the learned Special Judge, Koraput, Jeypore in T.R. Case No. 10 of 1989 convicting the Appellant under Section 7(1)(a)(ii) of the Essential Commodities Act and sentencing him to undergo rigorous imprisonment for three months and to pay a fine of Rs. 1000/ -, in default to undergo rigorous imprisonment for one month.

(2.) THE case of the prosecution is that on 07.02.1989 at about 4.00 P.M. the Supply officials raided the house of one Butu Raut in village Kenduguda. By then, the house was under the occupation of Bhaskar Chandra Sahu, who opened the door of the house as directed by P.W.1. Eleven bags and three bamboo baskets (Dollis) of paddy were found stored in that house, which, on weighment, 24 quintals and 80 K.Gs. As the accused/Appellant failed to produce any licence or permit to store such quantity of paddy, the Supply officials, after preparation of seizure list, seized the said paddy belonging to the accused/Appellant, and kept the same in the zima of the accused/Appellant. The accused/Appellant also gave a voluntary statement (Ext.2).

(3.) IN order to prove its case, prosecution has examined three witnesses. P.W.1 is the Supply Inspector, P.W.2 is the Assistant Supply Inspector and P.W.3 is an independent witness. It also proved four documents in evidence. Defence has examined one witness, namely, Butu Raut, who is the owner of the house in question and a cultivator. It also proved in evidence two R.O.Rs. Learned Special Judge, who tried the case, by his judgment dated 25.08.1990 convicted the accused/Appellant under Section 7(1)(a)(ii) of the Essential Commodities Act for contravention of Clause -3(1) of the Orissa Rice and Paddy Control Order, 1965 and sentenced him to undergo rigorous imprisonment for three months and to pay a fine of Rs. 1000/ -, in default to undergo rigorous imprisonment for one month.