Decided on October 06,1978

Mochi Bisoi Appellant
STATE Respondents


J.K.Mohanti, J. - (1.) THE Petitioner was convicted under Section 7(1) of the Essential Commodities Act (hereinafter called the 'Act') for contravention of Clause 5(1) of the Fertiliser Control Order, 1957 (hereinafter called the 'Order') by Sri R.B. Rajguru, Judicial Magistrate, 1st Class, Aska and was sentenced to undergo R.I. for six months. In appeal before the Sessions Judge, Ganjam -Boudh, Berhampur, the order of conviction of the accused was upheld but the case was remanded to the trial Court for hearing the accused on the question of sentence under Section 248(2) of the Code of Criminal Procedure and (or passing appropriate sentence according to law. Hence the revision.
(2.) THE case of the prosecution is that in the night of 25 -2 -1974 at about 11 p.m., Iswar Jena (P.W. 6) and others of village Govindapur found that three bags of sugar, four bags of fertiliser, one bag of atta and half bag of suji (which were controlled commodities) were being transported in a bullock cart. They stopped the bullock cart and reported the matter to the Block Development Officer (P.W. 2). They also gave report in writing to the Tahasildar, Aska (P.W. 7). The Block Development Officer seized the goods and made them over to the zima of the Sarpanch of the village. The Tahasildar also sent information to the police. The police took UP investigation, seized the goods and submitted charge -sheet against the accused under Section 7 of the Act. The learned Magistrate named charge against the accused in the following terms: That you on or about the 25th day of February, 1974 were found carrying 4 bags of fertilisers, 3 bags of sugar, one bag of atta half bag of suji near Sheragada without permit, for sale violating Sugar Control Order, Wheat & Wheat Products Control Order, Fertiliser Control Order and thereby committed an offence punishable under Section 7 Essential Commodities Act and within may cognizance. The plea of the accused was denial. The learned Magistrate on a consideration of the evidence on record convicted the Petitioner only for contravention of Clause 5(1) of the Fertilisers Control Order 1957 and sentenced him as aforesaid.
(3.) THE only point for consideration in this case is whether the accused has contravened Clause 5 of the Order. Clause 5(1) of the Fertiliser (Control), Order 1957 is as follows: No person shall carry on business of selling fertiliser at any place except under and in accordance with the terms and conditions of certificate of registration granted to him under this Order. Dealer is defined in Clause 2(c) of the Order in following terms: 'Dealer' means a person carrying on the business of selling fertilizers, whether wholesale, or retail, and includes an agent or a dealer.;

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