VELAYUDHAN NAIR Vs. STATE

JUDGEMENT

(1.) The petitioner is an Authorised Wholesale Distributor running a repot in Neyyattinkara Taluk in Trivandrum district. On 4-7-75 five bags of different varieties of pulse weighing 422 kilograms were seized from his shop by the second respondent, the Circle Inspector of Police (Civil Supplies Cell). The different varieties of pulses including blackgram, gram, green-gram etc., were seized as the petitioner was alleged to have no license or documents authorising him for stock purchase and sales of the pulses. There was also the allegation that it had been found during the time of inspection that the petitioner did not maintain register or bill, account of the stock of pulses as provided under the Order nor he exhibited at the entrance or some other part of the place of business a statement indicating the stock of pulses in his possession for sale It was further alleged that there was no notice board showing the prices of the different varieties of pulses kept for sale by him as contemplated under the Kerala Essential Commodities (Maintenance of Accounts and Display of Prices of Prices of Stocks) Order, 1973.

(2.) The seized pulses from the shop of the petitioner were produced before the District Collector, Trivandrum for action.

(3.) On the basis of prima facie case of violation of Essential Commodities Act, 1955 being proved against the petitioner his authorisation to run the wholesale depot was suspended pending detailed enquiry under Clause.51(8) of the Kerala Rationing Order, 1966. After getting his explanation in the matter, the District Collector came to the conclusion that though the petitioner has applied for a licence as a dealer in pulses and he is exempt from furnishing any fresh security, his act of functioning as a dealer in pulses without a valid licence cannot be viewed lightly and hence the Collector ordered in exercise of powers conferred on him under Clause.11 of the Kerala Pulses Dealers Licensing Second Order, 1972 to forfeit a sum of Rs. 1000/- (Rupees one thousand only), from his security deposit and to replenish the same immediately by the petitioner. The Collector in the same order also directed that the petitioner should be granted the wholesale licence under the aforementioned K.P.D.L. Second Order, 1972.