1977 (11) TMI 143 - HC - Indian Laws

Summary

Issues:
1. Alleged contravention of the Orissa Rice and Paddy Control Order, 1965 by storing rice without a license.
2. Prosecution's failure to establish storage by the petitioner within the legal definition.
3. Conviction under the Essential Commodities Act and Orissa Order leading to sentencing and confiscation of rice.

Analysis:

1. The petitioner, a truck driver, was charged with contravening the Orissa Rice and Paddy Control Order, 1965 by allegedly storing rice without a license. The prosecution's case revolved around the seizure of rice from the truck at a check-gate, leading to the charge against the petitioner. The charge was based on the quantity of rice found in the truck, exceeding the permissible limit without a license. The defense argued that the rice belonged to various consignors for transport, denying the charge of illegal storage.

2. The prosecution presented witnesses and evidence to establish that the petitioner had stored rice in violation of the Orissa Order. However, the court analyzed the definition of "storage" within the Orissa Order and the Essential Commodities Act. The court highlighted that possession without a license was not an offense, and storage required elements of continued possession over time at a regular place. The court concluded that possession of rice within a moving vehicle did not constitute storage as per the legal definition, leading to the failure of the prosecution to establish the charge against the petitioner.

3. Despite the trial court's conviction of the petitioner under the Essential Commodities Act and Orissa Order, the higher court overturned the decision. The court emphasized that the prosecution had failed to prove the essential element of storage by the petitioner. Consequently, the court allowed the revision application, acquitted the petitioner, set aside the conviction and sentences, and canceled the bail bond. The court also ordered the refund of any fines paid and quashed the confiscation of the seized rice, as the offense of storage had not been established.

In conclusion, the judgment focused on the legal interpretation of "storage" within the Orissa Order and Essential Commodities Act, ultimately leading to the acquittal of the petitioner due to the prosecution's failure to prove the charge of illegal storage beyond a reasonable doubt.