SIBA PRASAD Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal has been filed challenging the judgment of conviction and order of sentence dated 16.07.1993 passed by the learned Special Judge, Koraput-Jeypore in T.R. Case No. 44 of 1990.

(2.) Prosecution case in short is that on 18.05.1990, the Inspector of Supplies, Kotpad along with the Block squad headed by the Additional Tahasildar, raided the business premises of the accused situated in village Chandili. During that visit, they recovered 32 bags of coarse paddy each weighing 80 kgs.; one loose bag of fine paddy weighing 50 kgs.; coarse rice of 6 bags each bag weighing 1 quintal and one loose bag weighing 48 kgs.; 21 tins of milk powder (amul spray) each weighing 500 grams, green peas of 1 quintal and 1 kg. kept in one bag; black gram dal in one bag weighing 90 kgs.; tuhar dal kept in two bags, each weighing 1 quintal; wheat flour kept in 2 bags weighing 90 kgs. and one loose bag weighing 60 kgs. with 7 liters of K. oil in 1 tin, 2 tins of mustard oil each weighing 10.15 kgs. It is stated that since the accused could not produce any license and authority in support of such possession and storage for sale of the essential commodities, those were seized. It is further case of the prosecution that as required under the Orissa Declaration of Stocks and Prices of the Essential Commodities Order 1973, the accused had not placed the board showing the stock in hand and price of all the essential commodities. With the above allegations, prosecution report being submitted, the accused faced trial in the court of learned Special Judge, Koraput-Jeypore.

(3.) The trial court on analysis of evidence of two prosecution witnesses i.e. (P.W. 1 and 2) has come to the conclusion that those essential commodities as noted in the seizure list-Ext.1 had been stored by the accused for sale. Therefore, as admittedly he had no license or authority, the trial court has found the guilty for commission of offence under section 7(1)(a)(ii) of the Essential Commodities Act for violation of the Control Orders promulgated by the State in exercise of power conferred under section 3 of the Essential Commodities Act as aforestated.