PANU SABOTO Vs. STATE OF ORISSA
HIGH COURT OF ORISSA
STATE OF ORISSA
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S.ACHARYA, J. -
(1.) THE petitioner stands convicted under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the 'Act') for contravening the provisions of Clause 3 of the Orissa Rice and Paddy Control Order, 1965 (hereinafter referred to as the 'Order'), and he has been sentenced thereunder to R. I. for 3 months.
(2.) THE prosecution case against the petitioner in short is that he on 1.1.1972 had stored 24 bags of rice, each weighing 101 Kgs., in the truck No. ORK 1803, and was transporting the same without having any authority or licence for the same. P. W. 1, the Inspector of Supplies, checked the truck when it was found standing at the Brahmanigan check gate facing towards Orkel village in Koraput district.
The petitioner in his defence contended that the stock of rice in the truck did not belong to him. According to him he and some other persons were transporting 5 bags of rice each in that truck and he alone was travelling in the said truck as the driver did not allow the other owners of the other rice bags to travel in that truck on that occasion.
(3.) THE trial Court arrived at the finding that it was the accused (petitioner) who had stored the said 24 bags of rice in the above -mentioned truck without any authority for the same and so he contravened the provisions of Clause 3 of the Order and hence he was guilty of the offence under Section 7 (1) (a) (i) of the Act.;
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