STATE OF ORISSA Vs. PAWAN KUMAR JAJODIA

JUDGEMENT

(1.) The State, by filing this appeal, has called in question the judgment 01.11.1996 passed by learned 1st Addl. Sessions Judge, Cuttack in VIG G.R. Case No.26 of 1985. By the said judgment, the opposite parties (accused persons) have been acquitted of the charge under section 7 of the Essential Commodities Act (for short, 'the Act') for violation of Clause-3 of Orissa Declaration of Stock and Price of Essential Commodities Order, 1973 (for short called, the Order').

(2.) The prosecution case in short is that the Inspector of Police, Vigilance (P.W.3) visited the godown of M/s. Chandi Khadya Bhandarm, Malgodown, Cuttack. The accused was the proprietor of M/s. Chandi Khadya Bhandarm and other accused namely, Sukadev Dash was his manager (gumasta). It is said that the accused persons were dealing with essential commodities such as Arhar dal, Mung dal etc.. P.W. 3 during inspection found the opening balance of stock of Arhar dal and Mung dal as to have been displayed in the declaration board maintained under the provision of the Order as 178 packets each containing 50kgs. On verification of the cash memos when it was found that two packets had been sold by then, instead of the balance stock of 176 packets of Arhar dal being there in the godown, on physical stock taking 180 packets of Arhar dal were found.

(3.) The plea of the accused persons is that of denial. In defence it is stated that there was purchase of some Mung dal and Arhar dal through one middle man by challan and as the entire indented stock had not been received and it had been so received in part, the same had not been taken to the stock in hand in the relevant register and accordingly, not reflected in the display board; the discrepancy had been noticed.