1977 INSC 0170
                                                 Surendra Nath Jena

                                                           Vs

                                                    State of Orissa

                                        Criminal Appeal No. 519 of 1976

                           (Y. V. Chandrachud, P. K. Goswami, P. N. Shinghal JJ)

                                                      01.04.1977

                                                     JUDGMENT

CHANDRACHUD, J. ­

1. Clause 28 of the Iron and Steel (Control) Order, 1956, provides by sub-clause (a) that the
Controller may, with a view to securing compliance with the Order, "require any person to give such
information in his possession in respect of stocks of iron or steel or of scrap acquired by him. . ."

2. It is undisputed that the appellant was acquitted in a separate proceeding to the charge that he had
acquired any stocks of iron, steel or scrap. In that view of the matter, it is impossible to hold that the
appellant can still be convicted under Section 7 of the Essential Commodities Act, for violation of
Clause 28(a) of the Iron and Steel (Control) Order of 1956. The High Court, in our opinion, is
wrong in the view which it has taken that a person can be held guilty of the violation of Clause
28(a) even if he has not acquired the stocks of iron, steel or of scrap.

3. We, therefore, allow this appeal, set aside the judgment of the High Court and acquit the
appellant.

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