J P AGARWALA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This criminal revision arises out of the appellate judgement dated 30-7-1983 passed by Sri G.S. Patnaik, Sessions Judge, Koraput, Jaypore upholding the conviction and sentence dated 8-4-1982 passed by Sri S. Nayak, Judicial Magistrate, First Class, Bissam Cuttack, in II(c) C.C. 14 of 1980 convicting the petitioner under Section 7 of the Essential Commodities Act and sentencing him to undergo R.I. for one year and to pay a fine of Rs. 1,000/-, in default, to undergo R.I. for two months and directing that the seized paddy be confiscated.

(2.) The prosecution case, briefly stated is that on 22-2-1980 Sri P.N. Misra (P.W. 3), the Supply Supervisor along with Sri V. Rama Rao Patnaik (P.W. 4) attached to S.D.O. Office detained the truck bearing registration No. CRR 2262 and checked the same, P.Ws. 3 and 4 found that the accused was taking 120 bags of paddy weighing 93 quintals 99 Kgs. and 700 grams in the said truck. The accused-petitioner could not produce any authority for transporting of the said paddy. The accused stated that 12 bags of paddy belongs to him and the remaining paddy belongs to others, but there were no material in support of the plea of the accused. Hence the paddy was seized and given in zima of V. Parayya (P.W. 5), who executed zimanama marked Ext. 2. After necessary inquiry P.R. was submitted and so the accused stood his trial and stands convicted and sentenced as above.

(3.) In his defence the accused stated that out of 120, bags of paddy found in the truck, 12 bags belong to him and other bags belong to different persons and all of them were taking paddy together in the truck.