REHMAN KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant appeals against his conviction under S.13 of the Rice-Milling Industry (Regulation) Act 1958 and the sentence of Rs. 500-/ as fine (in default simple imprisonment for three weeks) imposed by the Sub-Divisional Magistrate, Attingal and confirmed on appeal and revision

(2.) THE facts of the case are very simple. THE appellant owned a rice-mill which he was running with the aid of power and in that mill he was milling paddy to recover rice. On evidence led against him, this fact was found established in the courts of fact. It is now argued before us that his case does not fall within the Act because he was not milling rice as an industry but only for his own private consumption. In putting forward this argument, Mr. Sardar Bahadur refers to the title of the Act and the preamble which mentions "rice-milling industry". He contends that an industry has first to be made out before the offence can be brought home and submits that the operative portions of the Act must be read as 'limited to a case of an industry. He relies upon certain rulings of this Court in which the use of the preamble has been laid down.