C MOIDEEN Vs. SUB INSPECTOR OF POLICE CALICUT

JUDGEMENT

(1.) 2 -- Meaning of the word dealer -- Carrying on business imports the idea of continuity in operation -- In order that a man can be said to be carrying on a business of a particular type, it must be shown that he was carrying on operation of the prescribed type regularly or at least with such frequency that it could be said that he was pursuing a system or habitually following a particular occupation

(2.) The revision petitioner is the accused in C. C. 112 of 1970 of the Additional 1st Class Magistrate's Court, Quilandy. He was convicted and sentenced to pay a fine of Rs. 1000/-; in default to undergo simple imprisonment for 3 months under Clause.3(1) of the Kerala Food grains Dealers' Licencing Order, 1964 read with S.7(1) of the Essential Commodities Act, 1955 (Act 10 of 1955). The conviction was confirmed in appeal by the Sessions Judge, Kozhikode, but the sentence was reduced to a fine of Rs. 300/-; in default to undergo simple imprisonment for 3 months.

(3.) On 28 12 1966 at about 5.45 P. M, 129 bags of paddy weighing about 89 quintals and 39 bags of rice weighing about 23 quintals were found in a godown No. 12/54 in the Gujarathi Street, Calicut town. Pw. 1, the Inspector (Civil Supplies Cell) sent Ex. P1 intimation to the Town Police Station, Calicut that the accused had stored these food grains for sale in the godown without a licence. On receipt of the intimation. Pw. 3, the Sub Inspector made a search of the godown and seized these unlicensed food grains under Ex. P2 mahazar which was attested by Pws. 2 and 5. On registering a case against the accused, investigation was started. Pw 4, when questioned, stated that be was the owner of the godown in question and that the accused was his lessee in respect of the godown. Pws. 4 and 5 also stated that the accused conducted the sale of foodgrains in the godown. On completion of the investigation, a charge was laid.