BANA BIHARI PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant by filing this appeal has questioned the judgement of conviction and order of sentence dated 30.04.1993 passed by the learned Special Judge, Balasore in Special Case No. 20 of 1991.

(2.) Prosecution case in short is that on 07.02.1991 around 8.15 AM morning, when the Marketing Inspector (P.W.5) was on patrol duty along with his staff, a truck bearing registration No. ORB-5415 near Haladipada was found to proceeding ahead. As the truck was loaded with paddy bags, they stopped it and asked the accused who was in the truck about the authority behind such carriage of said 157 paddy bags. As the accused could not produce any license/ permit in that connection, the paddy bags were seized and on weighment, the bags were found to contain 113 quintals and 69 kgs of paddy. The statement of the accused was recorded by P.W.5, the Marketing Inspector. In view of above, prosecution was launched against the accused for commission of offence under Section 7(1)(a)(ii) of the Act for violation of Clause-3 of the Orissa Rice and Paddy Control Order 1965 (for short, 'the Control Order'). The case of defence is that one Amulya Kumar Mohapatra, examined as D.W.1 was the owner of the paddy bags and accused was his care taker. The accused has carrying paddy to Haladipada Rice Mill for milling under the direction of Shri Amulya Kumar Mohapatra (D.W.1).

(3.) The prosecution in total examined five witnesses, when the defence has examined one i.e. Amulya Kumar Mohapatra as D.W.1. Besides the oral evidence, the prosecution has proved the seizure list and statement of the accused marked as Exts.1 and 2 respectively. From the side of the defence, the partition deed along with the rent receipts have been proved as Ext.A and Ext.B series.