BALESWAR PRASAD GUPTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, by filing this appeal, has assailed the judgment of conviction and order of sentence dated 13.07.1993 passed by the learned Special Judge, Koraput, Jeypore in T.R. Case No.27 of 1990.

(2.) The prosecution case in short is that on 18.5.1990 when P.W. 5, the Supply Inspector, Kotpad with the Executive Magistrate and others visited the business premises of accused at Murtahandi i.e. his grocery shop, 172 bags of coarse paddy, 257 bags of fine paddy, 6 bags of super fine paddy and 13 bags of rice were recovered. During that inspection Mohua, edible oil, sugar, oil seeds and pulses of different varieties were also found to have been kept. The accused was a retailer for sale of kerosene. On verification of the stock and sale registers, shortage in the stock of kerosene to the tune of 200 litres was detected which the accused failed to account for. It is stated that the accused had no license for possessing and storing all those seized essential commodities. Moreover, he had not displayed the stock and price declaration board in respect of those essential commodities in his shop. Prosecution report having been submitted, the accused faced the trial.

(3.) In the trial, prosecution examined five witnesses as against four from the sides of the defence. From the side of the prosecution, the relevant registers, seizure list and zimanamas have been proved. The defence has also proved a number of documents as to the acquisition of landed property and the record of rights pertaining those.