SUBHAS MOTICHAND SHETH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision is directed against the order of the Sessions Judge, Bijapur, confirming on appeal the order of the Deputy Commissioner of that District confiscating 33 bags of sugar under Sec. 6A of the Essential Commodities Act for the petitioner having contravened Clause (3) of the Karnataka Sugar Dealers Licensing Order 1962.

(2.) It was stated, that the petitioner being a dealer in sugar, was issued a licence under Cl(3) of the said Order which required him to carry on his business at CTS No.1868 of Jamkhandi. On 31-7-1976 the petitioner took delivery of 90 bags of sugar from Ugar Sugar Factory, Dist Belgaum and brought them to Jamkhandi. While on his way he sold 57 bags of sugar to his customers. Thus, he brought only 33 bags of sugar to CTS No.1868 at Jamkhandi and placed them in his stock. On the following day, i.e., on 1-8-1976, his shop was raided by the PSI of Jamkhandi and it was found that 57 bags of sugar was sold on the way and not at CTS No.1868 and therefore condition No.2 of the licence was violated. It was also considered that the account was wrongly maintained inasmuch as, 90 bags of sugar was shown although only 33 bags of sugar were found in the stock. Thus, condition No.3 of the licence was also disregarded. It was therefore considered that there was contravention of Cl(3) of the Karnataka Sugar Dealers Licensing Order of 1962. The seizure of 33 bags of sugar was reported to the Deputy Commr who confiscated the said bags under S.6A of the Essential Commodities Act.

(3.) Against that order of confiscation, the petitioner came in appeal before the Sessions Judge, Bijapur. However, he did not succeed and his appeal was dismissed. Now he has filed the present revision against the order of confiscation confirmed by the Sessions Judge.