SATYANARAYAN SULTANIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Special Leave Petition is directed against the judgment and order dated 18th March, 2008, passed by the Chhattisgarh High Court at Bilaspur in Crl. Revision No. 459 of 2002, dismissing the same.

(2.) Briefly stated, the facts involved are that on 3rd February, 2000, a hundred bags of paddy were being transported by one Ramesh Sahu, the driver of truck No. MP-23DA 2115 belonging to the one Hemant Kumar, the Petitioner No. 2 herein. The said driver was transporting the said paddy on the strength of a letter written on the letter pad of Bajrang Rice Mill. En route the truck was searched by the Food Inspector and the paddy was seized. In accordance with Clause 6(2) of the Madhya Pradesh Essential Commodities (Exhibition of Price and Price Control) Order, 1997 confiscation proceedings were initiated and the seized paddy was ordered to be confiscated by the Collector. An appeal was preferred which was also dismissed by the learned Sessions Judge, Bilsapur, in Crl. Appeal No. 65 of 2001, confirming the order dated 13th March, 2001, passed by the Collector and Licensing Authority, Janjgir Champa, in Case No. 60 of 2000. The Appellate Order was questioned in revision before the Chhattisgarh High Court at Bilaspur and the same was also dismissed on 18th March, 2009. The said decision is the subject matter of the present Special Leave Petition.

(3.) Appearing in support of the Special Leave Petition, Mr. Saurabh Suman Sinha, learned Advocate, questioned the order of the High Court on several grounds. It was contended by him that having regard to the definition of "dealer" in the M.P. Essential Commodities (Exhibition of Price and Price Control) Order, 1997 hereinafter referred to as "the Control Order, 1997", the Petitioners had not committed any illegality in transporting the paddy in question. It was pointed out that Clause 2(a) defines "dealer" as a person who carries on the business of selling by retail or wholesale or storing for sale by retail or wholesale any commodity whether or not such business is carried in addition to any other business, but does not include a hawker or a peddler. It was submitted that the said definition of "dealer" was amended by the State Government in prior consultation with the Central Government by notification dated 10th September, 1998, in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955. The amended definition of "dealer" included any person dealing with any essential commodity included in the Schedule to the "Licensing and Restriction on Hoardings Order, 1991 hereinafter referred to as "the Licensing Order,. 1991", and if dealing with only one commodity under the said Order at any time in quantity of more than 200 (two hundred) quintals.