PADMANABHA PADHI Vs. STATE OF ORISSA
LAWS(ORI)-1988-9-21
HIGH COURT OF ORISSA
Decided on September 03,1988

Padmanabha Padhi Appellant
VERSUS
STATE OF ORISSA Respondents

JUDGEMENT

V.GOPALASWAMY,J. - (1.)THIS revision is preferred against the judgment dated 4.1.1985, passed by the Judge of the Special Court, Koraput, Jeypore, convicting the accused -petitioner under section 7 of the Essential Commodities Act, 1955 and sentencing him there under, to undergo simple imprisonment for four months, and to pay a fine of Rs. 1,000/ -, in default, to undergo simple imprisonment for a further period of one month.
(2.)THE gist of the prosecution case is that on 28/29.9.1981 at about 2 a.m. in the night, as the truck bearing No. ORG 9M4 was coming from the Malkangiri side, it was stopped and checked by the Officer -in -charge of Boipariguda Police Station, in front of the police station, when it was found that the accused -petitioner was carrying 145 bags of levy cement without a valid permit and thereby violated sub -clause (2) of clause 14 of the Orissa Cement Control (Amendment) Order, 1982 (hereinafter referred to as the Cement Control Order) and rendered himself punishable under section 7 of the Essential Commodities Act, 1955 (E.C. Act, for short).
The defence plea is that the 145 bags of cement seized from the petitioner was not levy cement, as the same was purchased by him in the free -market at Vizag and, therefore, from the mere fact that he was found to be in possession of the 145 bags of cement in question, it cannot be held that he has committed any offence under section 7 of the E.C. Act. He has examined two D.Ws. in support of his plea.

(3.)THE prosecution has examined six witnesses to prove its case. P.W I was a witness to the seizure of a register from the Tatanagar Transport Office at Malkangiri. P.W. 6 was the driver of the truck ORG 9844 who claims that he was engaged by the accused at Malkangiri to carry the cement bags in his truck. P.W. 3 was examined to show that the truck bearing No. ORG 9844 was at Malkangiri on 27.9.1983. P.W. 5 is a witness to the seizure of the 145 bags of cement. P.W. 4 was main I.O. in the case and P.W. 2 took charge of the investigation from P.W. 4 and submitted the chargesheet.


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