RAMA KANT SHUKLA Vs. STATE

JUDGEMENT

(1.) Two Trucks, Nos. URA - 9734 and UPU - 6578, carrying 600 Tins of Palm oil, were seized by the Sales Tax Officer, Flying Squad on 19th March, 1980. The matter was reported to the Addl. District Magistrate (Civil Supplies) for confiscation of the said tins under Sec. 6(a) of the Essentials Commodities Act. Notices were issued to the two drivers Rajendra Singh and Desa Singh. They filed their objections in which they urged that the Trucks had been hired by M/s. Laxmi Transport Co. Varanasi, j and on behalf of the consignors the goods were being taken to Lucknow from Varanasi. Thereafter a notice was issued to Lakshmi Transport Co. on 24th April, 1980. The transporters filed their objections on 6-5-80 and challenged i applicant Rama Kant Shukla, claiming to be the owner of the Palm-oil appeared on behalf of the Prasad Trading Corporation Kanpur. He claimed that the Palm-Oil was imported oil, which was being transported from Varanasi to Lucknow in the said Trucks. He prayed that the oil be released in his favour, as there was no violation of any Control Order.

(2.) The Addl. District Magistrate after hearing the parties counsel, Was of the view that the business of sale of Palm Oil was being done by Prasad Trading Corporation without a valid licence, and it, therefore, violated the Oil Seeds Control Order and hence infringed the provisions of the Essential Commodities Act. He, therefore, directed that 1200 tins of Palm-Oil be confiscated and sold in accordance with the law.

(3.) Aggrieved by this order an appeal was filed before the Sessions Judge, Varanasi, which has been dismissed on 27th Oct., 80. A number I of points have been raised by counsel for the parties in this revision, but it will not be necessary for me to deal with them all. I propose to decide this case only on one solitary point.