Storage under a paddy control order requires more than transit in a moving truck; mere carriage is not enough.

The Supreme Court construed "storage" in the Orissa Rice and Paddy Control Order, 1965 as requiring continuity, a place of deposit, and keeping goods for safe custody. It held that paddy carried merely in a moving truck in transit is not, by itself, storage, because transport and storage are distinct activities under the Essential Commodities Act, 1955. Penal control provisions were therefore strictly read, and transport simpliciter was not brought within the Order. On the facts, mere presence of paddy in the truck did not attract criminal liability under Section 7.

---

---

Issues: Whether paddy found in a moving truck could be treated as "storage" within the meaning of the Orissa Rice and Paddy Control Order, 1965 so as to attract penal liability under Section 7 of the Essential Commodities Act, 1955.

Analysis: Section 3 of the Essential Commodities Act, 1955 authorises control over both "storage" and "transport" as distinct activities. The control order prohibited acting as a dealer without a licence and deemed certain persons storing rice or paddy beyond the prescribed limit to be dealers. The expression "storage" was construed in its ordinary and common parlance sense, which imports an element of continuity, keeping goods for safe custody, and a regular place of deposit. Mere carriage of goods in transit in a moving vehicle does not, by itself, amount to storage. A vehicle may in a given case be used as a store, but that must be shown by facts beyond mere transport. Since penal provisions must be strictly construed, the Court declined to stretch the language of the Order to cover transport simpliciter. The earlier contrary view was distinguished on its facts, where the vehicle had been treated as part of the storage arrangement for sale.

Conclusion: Mere presence of paddy in a moving truck did not constitute "storage" under the Order, and the appellants were not liable for conviction under Section 7 of the Essential Commodities Act, 1955.

Ratio Decidendi: In a penal control order, "storage" requires more than mere transport in a moving vehicle; unless the facts show continued possession amounting to keeping goods as a store, carriage in transit does not attract criminal liability.

---