POULOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant challenges the conviction and sentence against him in S. T. No. 19 of 1988 on the file of the Special Court for trial of offences under the E. C. Act, trichur. He was found guilty of offence punishable under S. 7 (1) (a) (ii) read with S. 3 (2) (c) and (d) of the E. C. Act and Clause. 3 of the Kerala Foodgrains dealers' Licensing Order.

(2.) THE appellant was tried along with one Varkey, who was a ration dealer in respect of shop NO. ARD. 99. THE appellant, who was 2nd accused in the case, claims to be a dealer in foodgrains. On 6-4-87 PW9, Dy. S. P. (Civil Supplies cell) searched the godown belonging to the accused. PW9 recovered 4479 bags of raw rice and 5 bags of boiled rice and 881. 51 grams of wheat. THEse articles were seized under Ext. P1 mahazar. THE 1st accused stated that the premises of the godown was leased out to the 2nd accused and local Block Development officer. During investigation it was found that the rice allotted to the B. D. O. under N. R. E. P. and R. L. E. G. P. schemes was also stored in this godown. Later the district Collector directed that the rice stored by the B. D. O. be given to him. Besides this there was an excess of 240 quintals of raw rice and 2. 32 quintals of boiled rice and 7. 29 quintals of wheat.

(3.) EXT. Dl licence was issued to the appellant on 10-9-1984. The licence was valid upto 31-3-1985. Thereafter on 6-4-1987 PW9 conducted the search and seized the rice from the godown belonging to the appellant. The appellant has no case that he had a valid licence as on 6-4-1987. On 23-4-1987 the appellant filed an application to renew EXT. D1 licence on payment of a fee of Rs. 30/- for renewal of the licence and the District Supply Officer renewed the licence upto 31-3-1988 and an endorsement is seen made in EXT. D1 licence. According to the learned counsel for the appellant under first proviso to Clause. 5 of the Foodgrains dealers' Licensing Order a licence may be renewed for more than one year but not exceeding three years at a time. It was further contended that Clause. 5 (1a)of the Licensing Order would enable the dealer to carry on business even without a licence and he need only renew the licence at a later stage. It is apposite to extract Clause. 5 (1a) of the Foodgrains Dealers Licensing Order. 115 (1a) If the dealer fails to surrender his licence and inform the Licensing Authority about the cessation of his business before the end of the period of validity of the licence, he shall continue to be liable to remit the renewal fee and collection of renewal fee shall be without prejudice to any other action which the Licensing Authority may take for non-renewal of licence".