NAGARMAL TEKRIWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) On May 28, 1966, Bhola Prasad Mandal, Supply inspector Pathargama with other officers searched a godown belonging to Nagarmal Tekriwal (appellant) and found stored therein 45 quintals of rice, 90 quintals of paddy, 5-50 quintals of grains, 3 quintals of wheat, one quintal Arhar and 207 quintals of Khesari together with weighing scale and weights and measures. As Nagarmal did not possess a licence under the Bihar Foodgrains Dealer's Licensing Order, 1966, he was prosecuted under Section 7 of the Essential Commodities Act for violation of Clause 3 of the order. He was convicted by the Munsif Magistrate, First Class and sentenced to undergo rigorous imprisonment for six months. The foodgrains found in his possession were also ordered to be forfeited to the State. He appealed unsuccessfully to the Sessions Judge, Santhal Parganas. Dumka and his revision in the High Court was summarily dismissed. He now appeals by special leave granted by this Court.

(2.) The defence of the appellant was that he was an agriculturist and that the foodgrains were grown by him on the lands he had taken on lease from various parties. In support of his defence, he produced both documentary and oral evidence. The documentary evidence consisted of certain lease-deeds executed by him and his brother in favour of the lessOrs. Oral evidence showed that he and his brother were in possession of 80-90 bighas of land on which paddy and other foodgrains found in his possession were grown.

(3.) The case proceeded against him on the basis of the presumption under para 3 of the Order. It may be read here: Licensing of wholesale and retail dealers :