JUDGMENT

L. MOHAPATRA, J. — This is an application under Sec. 482, Cr.P.C. for quashing the order taking cognizance dated 6.9.1999 passed by the Special Judge, Ganjam, Berhampur under Sec. 7 of the Essential Commodities Act for contravention of Clause 3 of the Orissa Rice and Paddy Control Order, 1965 (for short, ‘the Control Order’).

2. Facts leading to submission of the prosecution report are that on 20.11.1998 about 8 p.m. while the opposite party was returning from Buguda to Bhanjanagar along with Sub-Collector, Bhanjanagar, A.C.S.O., Bhanjanagar, and the Inspector of Sup¬plies, Buguda, he found a loaded truck bearing registration No. MP-26-D/4289 going towards Balipadara. He detained the truck on the main road near Octroi Check Gate No. 1, Buguda N.A.C. and found 90 packets each weighing 50 kgs. of common boiled rice on the said truck. On interrogation the driver of the truck said that he had loaded 90 packets of rice at Aska, Nuagaon on 20.11.1998 at 5 p.m. and was transporting the same to Karada in the district of Nayagarh as per direction of the petitioner. It is further stated in the prosecution report that no one came forward to claim the stock nor the driver could produc