STATE OF UTTAR PRADESH Vs. O P SHARMA

JUDGEMENT

(1.) -This appeal by special leave has been placed before us by a reference. The facts are not in dispute. The appellant-State has filed an F.I.R. with allegations as under:-

(2.) THE respondent filed Criminal Misc. Petition No. 15985 of 1985 in the High Court of Allahabad. THE learned single Judge of the High Court by order dated 7/01/1986 quashed the F.I.R. holding that as per the case set out in the counter-affridavit, the respondent was not engaged in the sale or purchase of the oil seeds; he has been engaged in the manufacture of paints and varnishes. THErefore, he is not a dealer in oil seeds or edible oil covered under the U.P. Oil-seeds and Oil-seeds Products Control Order, 1966 (for short, the 'Order'). Accordingly, the prosecution against the respondent is not in accordance with law. THE application was accordingly allowed and the F.I.R. was quashed. Thus this appeal by special leave.

(3.) ANOTHER Order, viz., Pulses, Edible Oil-seeds and Edible Oils (Storage Control Order), 1977 was issued. "Dealer" under Clause 2 (f) thereof was defined to mean "a person engaged in the business of purchase. sale or storage for sale of any pulses, edible oil seeds or edible oils, whether or not in conjuction with any other business and includes his representtive or agent". Clause 3 thereof also provides the mandatory requirement of obtaining licence by dealers with the following language :