P. BASUDEB RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal appeal arises out of the conviction and sentence dated 19 -11 -1983 passed by Sri G.S. Patnaik, Special Judge, Koraput, Jeypore in T.R. No. 4 of 1983 convicting the Appellant under Section 7 of the Essential Commodities Act and sentencing him to undergo RI. for six months.

(2.) THE prosecution case briefly stated is that the accused (Appellant) P. Basudeb Rao has a grocery shop at village Bodopindapodar. It was alleged that the accused was storing rice and paddy in wholesale quantity and was also purchasing paddy at a price lower than those declared by the Government by the notification in the official Gazette. The Inspector of Supplies, P.L. Nayak (P.W. 9) made an enquiry into the allegations. In course of enquiry, P.W. 9 came to know that the accused was purchasing paddy at a lesser price than those declared by the Government. P.W. 9 also seized 12 quintals and 80 K.Gs. of coarse paddy and 30 quintals and 20 K.Gs. of fine paddy from the hence of one Budura parja alleged to have been stored by the accused (Appellant). The Inspector of Supplies (P.W. 9) seized the paddy and after necessary enquiry, Prosecution Report was submitted alleging that the accused violated the provisions of Clause -3 and Clause -11(aa) of the Orissa Rice and Paddy Control Order, 1965, and hence he committed an offence under Section 7 of the E.C. Act.

(3.) THE learned Special Judge gave the finding that there is no material to show that the seized paddy is the produce of the land of the accused. The learned Special Judge also gave the finding that the accused was purchasing paddy at a price which is less than those declared by the Government. Thus, the learned Special Judge held that the accused has committed an offence under Section 7 of the E.C. Act by violating the provisions of Clause -3 and Clause -11(aa) of the Orissa Rice and Paddy Control Order.