IN RE : NATARAJAN Vs. STATE

JUDGEMENT

(1.) ON 22nd January 1972, the Petitioner was found in possession of nine bags of rice in his shop -cum -house situate at Perur, Chettipalayam, a village in Coimbatore District, by the Inspector of Police, P.W.1. He seized the bags and charged the Petitioner for offences under Clause 3, Sub -clause (1) and (2), of the Tamil Nadu Paddy and Rice Dealers (Licensing, Regulation and Disposal of Stock) Order, 1968. P.W.1 deposed to the seizure. The Petitioner in defence contended that he had kept these bags for his own consumption for the whole year. Not accepting his contention, the learned Magistrate convicted and sentenced him to pay a fine of Rs. 400. He also directed confiscation of the bags thus seized. The correctness of this order is now canvassed in this revision petition.

(2.) "Dealer" as defined in Clause (c) of Section 2 of the Madras Paddy and Rice Dealers (Licensing and Regulation) Order, 1968 means a person engaged in the business of purchase, movement, sale or storage for sale of paddy or rice in quantity of two quintals or more at any one time etc., Clause (2) of Section 3 raises the presumption by 'stating that for the purpose of Sub -clause (1) any person who stores Paddy or rice in quantity of two quintals or more at any one time, shall, unless the contrary is proved, be deemed to carry on the business of purchase and sale and to store paddy or rice for purpose of sale. The decision in Manipur Administration v. Nila Chandra Singh : A.I.R. (1964) S.C. 1533 will not apply to the facts of this case because the definition in Clause 2 to Section 3 of the Manipur Foodgrains Dealers Licensing Order, 1958 does not contain the words "carry on" the business as we have in Clause (2) of Section 3 of the Madras Paddy and Rice Dealers' (Licensing and Regulation) Order, 1968. The prosecution case is that these bags were stored in the shop of the Petitioner. The presumption under Clause (2) of Section 3 arises in this case. The conviction is correct and it is confirmed. But the sentence of fine imposed by the Court below is reduced to Rs. 100/ -. The order of confiscation will stand.