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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Premnath Sahu – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. conviction details and prosecution’s case (Para 1 , 2) |
| 2. arguments against the conviction (Para 3) |
| 3. court's reasoning and observations on evidence (Para 4 , 5) |
| 4. ruling on the conviction's sustainability (Para 6) |
| 5. final judgment and acquittal of the appellant (Para 7) |
JUDGMENT :
G.SATAPATHY, J.
1. This is an appeal U/S. 374(2) of the code of criminal procedure, 1973 (in short “Cr.P.C.”) against the judgment of conviction and order of sentence passed on 02.02.1993 by learned Sessions Judge-cum-Special Judge, Bolangir in II(C) C.C. Case No. 04 of 1992 (Tr. No. 05 of 1992) convicting the appellant Premnath Sahu for commission of offence U/S. 7(1)(a) of the Essential Commodities Act, 1955 (In short “E.C.Act”) and sentencing him to undergo Rigorous Imprisonment for a period of three months.
2. Prosecution case in brief is, on 24.12.1990 at about 04.30 PM, the C.S.O. and staff after forming an enforcement squad raided the grocery shop of the appellant located at Khambeswaripali and found fifteen liters of kerosene oil in a tin container along with two measuring instruments, but on demand the appellant could not produce any document for possession of such kerosene oil and
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