Meaning of storage under rice control law excludes goods merely carried in transit, so conviction could not stand.

Under the Orissa Rice and Paddy Control Order, 1965, "storage" required continued possession at a place of storage and did not extend to mere possession of rice in transit or transhipment in a moving vehicle. The Court held that the Order distinguished storage from possession, contemplated licences for each place of storage, and did not criminalise mere carriage. On the facts, the prosecution failed to establish unauthorised storage, so the conviction and sentences were set aside and the confiscation order was quashed, with consequential refund of fine and sale proceeds if paid.

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Issues: Whether carrying rice in a moving truck amounted to "storage" within the meaning of the Orissa Rice and Paddy Control Order, 1965, and whether the conviction and confiscation based on alleged unauthorised storage could stand.

Analysis: The charge was founded on contravention of Clause 3 of the Orissa Rice and Paddy Control Order, 1965, which penalised acting as a dealer without licence, the relevant definitions making "storage in wholesale quantity" refer to storage at a place and in continued possession. The Order distinguished between possession and storage, contemplated separate licences for each place of storage, and did not criminalise mere possession. On that footing, the ordinary meaning of storage required continuity of possession over time and a regular place of storage. Mere transhipment of rice in a moving vehicle did not satisfy that requirement. The accepted defence material also undermined the prosecution version of unauthorised storage.

Conclusion: The alleged conduct did not constitute storage under the Order, so the offence was not established and the conviction could not be sustained.

Final Conclusion: The revision succeeded, the conviction and sentences were set aside, and the confiscation order was quashed with consequential refund of fine and sale proceeds, if paid.

Ratio Decidendi: Under the Orissa Rice and Paddy Control Order, 1965, "storage" connotes continued possession at a place of storage and does not include mere possession of goods in transit or transhipment in a moving vehicle.

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