RAGHUNATH PANIGRAHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is against the appellate judgment of the learned Sessions Judge, Ganjam, confirming the judgment of conviction and sentence of the petitioner by the learned Sub-Divisional Judicial Magistrme, Charapur, under section 7 of the Essential Commodities Act (hereinafter referred to as tllc E.C. Act) read with clause 3 of the Orissa Declaration of Stocks and Price of Essential Commodities Order, 1973) for short T1the Order. The learned Magistrate convicted and sentenced this petitioner and his father Kluilli Panigrahi to undergo simple imprisonment for three months and to pay a fine of Rs. 500/- each, in default to undergo simple imprisonment for one month. On appeal the learned Sessions Judge upheld the lower Court findings and confirmed the judgment Since that learned lower appellate Court found accused Khalli Panigrahi was an old man of 77 years of age, he released him under section 4 of the Probation of Offenders Act.

(2.) PROSECUTION case in brief is that P.W. 6, the Inspector of Vigilance, on 25.12.1980 at about 3 p.m. along with the Additional C.T.O; and other staff inspected the business premises of accused Khalli Panigrahi in his village. He found accused Khalli Panigrahi was a dealer transacting business in various essential commodities, such as, groundnut oil, paper, cereal, torch light bettry etc. But at the relevant time, the accused did not display the stock position nor the prices of the essential commodities on the board as required under the Order. Therefore, in presence of the witnesses, he seized the board and various quantities of essential commodities mentioned in the plain paper F.I.R. (Ext. 4). At the relevant time, accused Khalli Panigrahi was absent, but P.W. 6 found the present petitioner transactingT business in the shop.