STATE DELHI ADMINISTRATION Vs. KAMLESH KUMAR

JUDGEMENT

(1.) The Assistant Commissioner Food & Supplies, Delhi filed a complaint against Kamlesh Kumar Gupta, partner of M/s. G.N. Traders, village Jawalaheri, alleging that on 22nd January 1973 the business premises of M/s. G.N. Traders was inspected by the Inspector, Food and Supplies, Delhi and on checking it was found that M/s. G.N. Traders had established a rice mill at Jawalaheri without a permit and further were carrying on rice milling operation without a licence. It was further stated in the complaint that at the time of checking the mill 6235 bags of paddy and 258.55 quintals of rice were found. The accused Kamlesh Kumar Gupta was said to have violated the provisions of Sub-sections (1) and (2) of Section 8 of the Rice-Milling Industry (Regulation) Act, 1958 (hereinafter for the sake of brevity called 'the Act'). The relevant part of Section 8 reads as under :

(2.) We may also here notice the definition of the expression "owner" contained in Section 3(g) and it reads as under : (g) "owner", in relation to a rice mill means the person who, or the authority which, has the ultimate control over the affairs of the rice mill, and where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the rice mill,"

(3.) Shri Darshan Singh, Inspector, Food and Supplies, testified that when he visited the mill premises Kamlesh Kumar, partner of the firm G.N. Traders, was present. We find that there is no evidence that Kamlesh Kumar was in the ultimate control of the affairs of the rice mill. The only other provision on which the learned counsel for the appellant placed reliance is Section 14, the relevant portion of which reads as under: