BIJAYA KUMAR AGARWALA JAGDISHPRASADAGARWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) -Leave granted.

(2.) Section 3(1) of the Essential Commodities Act, 1955 (hereinafter called 'the Act') provides that if the Central Government is of the opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. Section 3(2)(d) further clarifies that the order may provide, inter alia, for regulating by licences, permits or otherwise, the storage, transport, distribution, disposal, acquisition use or consumption of, any essential commodity. We may reproduce the exact words of the relevant part of Section 3 which reads as under:

(3.) On 29th December, 1965, the Orissa Rice and Paddy Control Order, 1965 (hereinafter referred to as 'the Order') was issued in exercise of the powers conferred by Section 3 of the Act. Clause 3 of the Order which is relevant is reproduced below: