P V KUNHIKANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) On going through the calendar in this case I felt sceptical of the conviction and therefore issued notice to the State to show cause why it should not be set aside. Shri C. J. Antony has appeared in response thereto on behalf of the State and has placed fairly all aspects of the case.

(2.) The accused is the driver of a lorry which the Sub Inspector of Police, Calicut Town Station, found at about 4 p. m. on October 23, 1965, in the Calicut City, carrying 39 bags of rise weighing 28 quintals and 44 bags of paddy weighing 24 quintals. He was prosecuted and has been convicted under Clause.3(2) incorrectly mentioned as 'S.3(2)' in the judgments of the courts below of the Kerala Food grains Dealers Licensing Order, 1964, and sentenced "to pay a fine of Rs. 500/- and in default to suffer S. I. for six months." It has been ordered further "The rice and paddy seized have been disposed of and the proceeds thereof remitted to treasury under Cr. C. D. That amount will be confiscated to Government." On appeal by him, the Sessions Judge has affirmed the conviction and the sentence.

(3.) Clause.3 of the Kerala Food grains Dealers Licensing Order hereinafter the K. F. D. L. Order -- reads thus:-