BHAGANESWAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant by filing this appeal has assailed the judgment of conviction and order of sentence dated 06.05.1993 passed by the learned Special Judge, Cuttack in 2(C) CC No. 41 of 1990.

(2.) The prosecution case in short is that the Marketing Inspector, Civil Supply Corporation (P.W.1) with others staff visited the business premises of the accused on 25.07.1989. During visit they found that the accused was not maintaining the accounts uptodate. It was also noticed that although, obligated under Orissa Declaration of Stocks and Price of Essential Commodities Order the prevailing price of essential commodity has not been maintained in the Declaration Board. It is said that from 22.02.2011989 onwards the Board was not maintained. The stock register was not uptodate with the last entry dated 24.07.1989, and cash book produced was not also uptodate. They seized 4300 litres of kerosene as was available. On scrutiny of the documents and verification of the available stock at hand, P.W.1 found shortage of 216 litres of kerosene. On verification of the records it was found that the accused was not submitting the returns every fortnight to the Licensing Authority. With all these allegations, the prosecution report was submitted against the accused and his brother, namely, Khageswar Sahu. They faced the trial. This accused admitted to be the wholesale dealer of kerosene. He however, denied the allegations made against him and his liability on those counts.

(3.) From the side of the prosecution five witnesses were examined and all the seized documents have been proved. The defence has examined one witness and proved the issue register (Ext.A), statement of accused (Ext.B) and some cash memos. The trial court on scrutiny of evidence and examination of the documents admitted in the evidence from the side of the prosecution has found the accused guilty of having deficit of 260 litres of kerosene in the stock and thus finding the contravention of the Control Order and the license conditions, this accused has been convicted for commission of offence under section 7 of the Essential Commodities Act. Accordingly, he has been sentenced as aforestated. The other accused namely Khageswar who happens to be the brother of this accused has been acquitted holding that he has nothing to do in the matter of wholesale business of kerosene by this accused.