KASINATH SAHU Vs. STATE

JUDGEMENT

(1.) IN this revision accused has assailed his conviction and sentence under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act"). which has been confirmed in appeal.

(2.) ACCUSED was found to be in possession of 32 quintals 25 kilograms Niger Seed In 43 bags which were seized from him on 8 -5 -1981 and he was prosecuted for having violated the provisions of the Orissa Pulses, Edible Oil Seeds and Edible Oil (Dealers licensing) Order, 1977 (hereinafter referred to as the Orissa Order, made by the State Government under Section 3 of the Act.

(3.) PETITIONER bas been prosecuted for possessing niger seed under Section 7 of the Act having contravened the provisions of the Orissa Order since he had no offence for the same. Thus, prosecution case being that niger oil seed is edible oil seed in absence of contest from the accused further proof was not necessary. In The State of Tamil Nadu v. M. Krishnamurthy : A.I.R. 1980 S.C. 538. it was held that articles commonly used as food can be presumed to be food and w here there is doubt or is disputed by the accused that the article possessed is not food prosecution is to prove the same. Niger Oil is commonly used as edible oil. There is no doubt about the same. Moreover, accused at no stage disputed that niger oil is not edible oil. Accordingly, in this case it was not necessary for the prosecution to prove that Niger Oil seed is edible oilseed. Contention of Mr. Das has no force.