Decided on August 16,1978

STATE Respondents


S.ACHARYA, J. - (1.) THE petitioners stand convicted under section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the 'Act'), for violating the provisions of clause 3 of the Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973 (hereinafter referred to as the 'Order') by not declaring, as required under the Order, the stock position of cycle tyres and tubes in their shop in Baripada town. They have been sentenced thereunder to undergo R.I. for one month and to pay a fine of Rs. 500/ -each, in default to undergo R.I. for a period of one month more.
(2.) THE prosecution case, in short, is that on 4.7.1975 P.Ws. 1 to 3 (three Inspectors of the local Supply Department) inspected the shop of the petitioners, and on verification of the stock of the essential commodities in that shop they found that there were 41 cycle tyres and 76 tubes of different brands in that shop, but the petitioners had not displayed any list indicating the said stock in that shop and thus they violated clause 3 of the Order. Petitioner No. 1, while not disowning his ownership of the shop in question, has stated that he was not in the shop at the relevant time. He of course asserted that the stock position had been displayed in the board in the shop. Petitioner No. 2 has denied all the allegations against him and has stated that at the relevant time he was a student in the local college and he had nothing to do with the shop in question.
(3.) THE courts below have found that at the time when P.Ws. 1 to 3 inspected the shop in question the list of the opening stock of the essential commodities in the shop as stated above was not displayed in the display board as required under clause 3 of the Order. The trial court finds that petitioner No. 1 was the owner of the shop in question and petitioner No. 2 was conducting business in that shop at the relevant time. On the above findings the petitioners have been convicted and sentenced as stated above.;

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