PALANISWAMI GOUNDER Vs. STATE OF MADRAS

JUDGEMENT

(1.) BATCH I:-- In all these petitions, a common point has been raised that the prosecution under Clause 3 of the Madras Paddy and Rice (Movement Control)Order 1966 (hereinafter called 'the Order') is unsustainable for the reason that the said order is invalid as the condition requisite for passing such an order has not been conformed.

(2.) THE Madras Paddy and Rice (Movement Control) Order 1966 the Madras Paddy and Rice Dealers (Licensing and Regulation) Order, 1966 and the Madras Paddy and Rice (Declaration and Requisitioning of Stocks) Order, 1966, were all passed by the State of Madras on 20th June 1966. These orders were made in exercise of the powers conferred by Section 3 of the Essential Commodities Act 1955 (Central act 10 of 1955) read with the Government of India, Ministry of Food, Agriculture, community Development and Co-operation (Department of Food) Notification G. S. R. 906 dated 9th June 1966.

(3.) SECTION 3 (1) of the Essential Commodities Act (hereinafter called the 'act') reads thus:-