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2021 Supreme(Ori) 513

S.K.SAHOO
Chaitanya Nahak – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Mr. Deba Prasad Das (Amicus Curiae), for the Appellant; Mr. Deepak Kumar Pani; Addl. Standing Counsel, for the Respondent.

JUDGMENT

S.K. Sahoo, J. - The appellant Chaitanya Nahak was summarily tried in the Court of learned Sessions Judge -cum- Special Judge, Ganjam, Berhampur in 2(C) C.C. No.08 of 1989 for offences punishable under sections 7 and 9 of the Essential Commodities Act, 1955 (hereafter 'E.C. Act') for contravention of the provisions under Clause 3(1) of the Orissa Sugar Dealers' Licensing Order, 1963 (hereafter 1963 Order'), Clause 6 of the Orissa Rice and Paddy Control Order, 1965 (hereafter 1965 Order') and Clause 14 of the Orissa Wheat and Wheat Products Control Order, 1988 (hereafter 1988 Order').

The learned trial Court vide impugned judgment and order dated 06.09.1990 found the appellant guilty of the offences under sections 7 and 9 of the E.C. Act and sentenced him to undergo rigorous imprisonment for a period of six months on each count and directed the sentences to run concurrently.

2. The case of the prosecution, in nutshell, is that Sundarpur Service Cooperative Society (hereafter 'S.S.C. Society'), a Society registered under the Orissa Co-operative Societies Act, 1962 had taken out the licenses vide Exts.1, 2 and 3 under the 1963 Order, 1965 Order and 1988 Order respectively to dea

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