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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Kumar Swamy Kilaka – Appellant
Versus
State of Orissa – Respondent
JUDGMENT :
S.S. Mishra, J.
The sole appellant in the present Criminal Appeal has assailed the Judgment of conviction and order of sentence dated 04.04.1998 passed by the learned District Judge-cum-Special Judge, Ganjam-Gajapati, Berhampur in 2(c) C.C. No.2/1997, thereby convicting the appellant for the offence punishable under Section 7 (1)(a) of the Essential Commodities Act and accordingly, sentenced him to pay fine of Rs.500/- (Rupees five hundred), in default, to undergo S.I. for a period of fifteen days.
2. The appeal is pending since 1998. Nobody has been appearing in this matter since last two hearings and when the matter is taken up today, none has appeared for the appellant. Therefore, I appoint Ms. Subhashree Sen, Advocate, Enrollment No.622 of 2016, who is present in Court as Amicus Curiae to assist the Court in the matter. She has readily accepted the same and very effectively rendered her assistance.
3. Heard Mr. S.J. Mohanty, learned Additional Standing Counsel appearing on behalf of the Respondent-State.
4. The prosecution case in terse and brief is that the appellant was the proprietor of M/s. Janaki Gas. On 10.08.1996 at about 10.30 A.M., P.Ws. 1, 2 & 3 inspected the e
The requirement of a stock display board under the Liquefied Petroleum Gas Order does not mandate it to be detachable; hence, misinterpretation leads to wrongful conviction.
Proof beyond reasonable doubt is required for conviction under the Essential Commodities Act, and mere assumptions or procedural lapses invalidate the prosecution's case.
Strict adherence to statutory requirements under the Essential Commodities Act is essential for lawful operation, and failure to comply can lead to conviction.
The presumption of mens rea is rebutted by evidence of an application for a license pending before the authorities.
The prosecution must demonstrate that an item is an essential commodity under the Essential Commodities Act, and failure to prove this leads to acquittal.
The absence of explicit mention of Control Order violations in a confiscation notice does not invalidate enforcement actions under the Essential Commodities Act.
A company must be arraigned as an accused before its officers can be held vicariously liable under section 10 of the Essential Commodities Act, 1955.
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