LAWS(DLH)-1980-9-8

SURAJ BHAN SARAD KUMAR Vs. DELHI ADMINISTRATION

Decided On September 25, 1980
SURAJ BHAN SARAD KUMAR Appellant
V/S
DELHI ADMINISTRATION Respondents

JUDGEMENT

(1.) The officials of the Food and Supplies and Police Departments of Delhi Administration visited the premises of Messrs Suraj Bhan Sarad Kumar, Kashmiri Lal Puran Mal, Prabhu Dayal Rama Nand, Lakhi Ram Om Prakash and Babu Ram Panna Lal on 14-2-1980 and seized therefrom the following quantities of mill-made and Khandsari Sugar : <FRM>JUDGEMENT_1198_ILR(DEL)2_1980Html1.htm</FRM> All the aforesaid five Firms held licences under the Delhi Sugar Dealers Licensing Order, 1963 an were permitted by those licences, read with the Lt. Governor's orders on the subject, to stock sugar to the tune of 1,000 quintals except Messrs Babu Ram Panna Lal due to the expiry of whose licence they could stock sugar not more than ten quintals.

(2.) According to the dealers Khandsari sugar was not 'sugar' for the purposes of the aforesaid Licensing Order, which Order they submilted was concerned with mill-made sugar only and Khandsari had never been treated as 'sugar' for regulation of supply. Under the Delhi Khandsari and Gur Dealers Licensing Order, 1963 it was obligatory even for a dealer in Khandsari to obtain a licence but that Order was repealed in 1969 and since then there had been no restrictions on the purchase stock and sale of Khandsari. The matter came up before Shri S. P. Bansal, Collector, Food and Supplies Department. He issued a notice to the aforesaid dealers to show cause why the sugar seized from their possession be not confiscated because they had contravened the provisions of Delhi Sugar Dealers Licensing Order 1963 by keeping with them more than 1,000 quintals of sugar. The representations made by them were considered by him but found to be without substance. In result the sugar in question was ordered to be confiscated and directed to be disposed of through Fair Price Shops. The dealers felt aggrieved by the aforesaid Orders and filed appeals in the Court of Session under section 6C of the Essential Commodities Act, 1955. Shri P. K. Bahri, Additional Sessions Judge, heard the appeals and dismissed the same under his order dated April 21, 1980. The five firms aforesaid have now come up to this Court with reference to the provisions of Sections 397/401 of the Code of Criminal Procedure, read with section 482 of the said Code and Article 227 of the Constitution of India.

(3.) I have heard the learned counsel for the petitioners, and the Delhi Administration. Because the points involved in the five cases (Criminal Revisions Nos. 104 to 108 of 1980) are identical the same shall be disposed of together by this order.