STATE OF ORISSA Vs. S KHALLI PATRO

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Additional Sessions Judge, Berhampur setting aside the order of conviction and sentence of the respondent under section 7(1)(a)(i) of the Essential Commodities Act (hereinafter referred to as the Act).

(2.) The brief facts of the case are narrated below. The respondent was a dealer of food grains and other articles in village Gunthapada. The front room of his residential house was used as the shop room. Along with the members of his family he lived in the residential portion of the house. It is stated that he had also a god own at some other place. On 25.8.1975 at about 10 a.m. the Inspector of Vigilance (P.W. 6) along with the Inspector of Commercial Taxes (P.W. 1) and some other officers searched the shop, residence and the god own of the respondent and seized the following articles by seizure list, Ext. I: Shop: 1. Two Kgs. of Arua rice. 2. Ten Kgs. of Atta.

(3.) Ten dozens of white paper. Residence: 1. Twenty bags of Arua rice. 2. Four bags and 8 Kgs. of Atta. 3. 170 Kgs. of Suji.