A. K. PADHI, J.

( 1 ) THIS crirninal revision has been referred to a Division Bench to decide the correctness of the decisions in Prem Bahadur v. State of Orissa, Harirarn Agarwala v. State of Orissa, Panu Saboto v. State of Orissa. In two earlier decisions i. e. in Balabhadra Raja Guru mohapatra v. State and Gobindaram Agarawala v. State, the word storage was interpreted and their Lordship have held that storage in vessel can also be storage. In the later decisions reported in 44 (1977) C. L. T. 629 the earlier decisions have not been noticed. The decision in Balabhadra Raja Guru Mohopatra v. The State (supra) being a Division Bench decision, by rule of precedence should have been followed. As the principle decided in A. I. R. 1954 Orissa 95-XIX (1958) C. L. T. 439 (supra) and the later decision following 44 (1977) C. L. T. 629 are contrary to each other to some extent, it was felt necessary for reference to a Division Bench to examine the correctness of there later decisions.

( 2 ) THE point of reference is whether paddy loaded in a truck in excess of the permissible limit while on transit shall be deemed to be storage within the meaning of the provisions of Rice and Paddy Cont