HARIHAR DAS Vs. STATE

JUDGEMENT

(1.) THE Petitioner stands convicted under Section 7 of the Essential Commodities Act (hereinafter referred to as the 'Act') for contravening Clause 3 of the Orissa Essential Food Stuffs (Prevention at Hoarding and Requisitioning of Stocks) Order, 1974 (hereinafter referred to as the 'Order'), and he has been sentenced thereunder to undergo S.I. for 3 months and to pay a fine of Rs. 500/ -, in default to undergo S.I. for two months.

(2.) THE prosecution case is that the Petitioner was a retail dealer and on 25 -7 -1975 he was found to be in possession of 2321 quintals of mustard seeds as against the maximum permissible limit of 5 quintals of the same as provided under Clause 3 read with Schedule I of the Order.

(3.) ADMITTEDLY , the Petitioner did not have any permit or authority mentioned in Clause 3 of the Order. As per Schedule I of the Order, a retailer could store or have in his possession only 5 quintals of mustard seed whereas a wholesaler could store 50 quintals. The Petitioner has been convicted for storing 23.21 quintals of mustard seed on the basis of the prosecution allegation that he was only a retail dealer and so the said stock was far in excess of the permissible limit which he could legally hold or possess under Schedule I of the Order, The terms 'dealer', 'retailer' and wholesaler have been defined under Clause 2 of the Order as follows: