WALAYATI RAM Vs. STATE

JUDGEMENT

(1.) Walayati Ram and Gulshan Kumar, father and son, applied to the Civil Supply Department of Delhi Administration lor the allotment of a Fair Price Shop. Their application was considered and sanctioned by the Department. They started their business in the name and style of ' M/s Walayati Ram Gulshan Kumar' at premises No. 387, Bhola Nath Nagar, Shahdara, Delhi.

(2.) During the course of routine checking, on 22-3-1983, Shri M.I. Ansari, Inspector, Enforcement Branch of Food & Supplies Department, alongwith other members of the staff, visited the premises, i.e. the petitioners' Fair Price Shop and on checking found that on 11-3-1983, two quintals, thirty two Kilograms and five hundred grams of R.B.D. Palm Oil in 15 tins and on 17-8-1983, two quantuls, 32 Kilograms and five hundred grams of rape-seed oil were issued to the Shop in 15 tins for which the petitioner bad not made any entry in their stock register. On the basis of said checking the Inspector lodged the report with the police under Section 7/10/55 of the Essential Commodities Act, which was registered as F.I.R. No 101, dated 24-3-1983 at Police Station Farsh Bazar, Delhi.

(3.) In consequence of the filing of the said complaint, the licence of the petitioners' shop was suspended vide order dated 26-31983. Later on the Assistant Commissioner of the Food & Civil Supplies Department cancelled the Fair Price Shop on 20-4-1983 with immediate effect.