M SANNAPPA Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this revision petition, the petitioner has challenged the legality of the order of confiscation of certain bags of jowar, passed by the Deputy Commissioner, Bellary, on 31st August 1968 as modified by the Sessions Judge on 17th December 1968:

(2.) The petitioner holds Wholesale Dealers' Licence No. 44/64 dated 9-10-1964 issued on 31-12-1964 by the Deputy Commissioner, Chitradurga District. The petitioner purchased 100 bags of jowar in Hirehadagalli in the District of Bellary. Eighty bass of the purchased commodity had been loaded on the truck while 20 bags were still to be loaded. The Tahsildar, Hadagalli, found the commodity but nobody claimed the ownership of jowar, He instructed the police of Hirehadagalli to take the 100 bags of jowar into custody and initiate necessary action against the offenders under the provisions of the Food Control Orders in force,

(3.) In response to a show-cause notice issued under Section 6-B of the Essential Commodities Act, 1955, the petitioner appeared before the Deputy Commissioner and filed his objections on 29-5-1968. The Deputy Commissioner came to the conclusion that the petitioner had violated the order issued under Section 3 of the Essential Commodities Act and ordered the confiscation of the entire stock of 100 bags of jowar under Section 6-A of the Essential Commodities Act of 1955 (hereinafter called the Act).