RADHEY LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an application in revision against the Order of Shri A.S. Srivastava, Sessions Judge, Varanasi, dated 19-2-1981, by means of which he upheld the order passed by Additional District Magistrate (Civil Supplies), Varanasi, confiscating applicant's 13 kattas of gur and 7 bags of khandsari, which were found in excess on an inspection being made of his shop.

(2.) On 19-9-1980 the Food Inspector inspected the shop of the applicant in Varanasi and he found that 13 kattas of gur and 7 bags of khandsari were in excess of the stock entered in his books. The applicant was, therefore, prosecuted and orders were made for confiscation of the stock found in excess.

(3.) The applicant was not present at the time when his shop was inspected, but when these proceedings started against him he produced an octroi receipt and a letter sent by one Shri Gopal to him. In the octroi receipt it was stated that 7 bags of khandsari and 8 bags of gur were sent and octroi was paid on this consignment by Shri Gopal on 19-9 80. In the letter sent on the same day it was stated that 7 bags of khandsari, weighing 6 50 quintals, 8 kattas of gur, weighing 40 kg. each and 4 bags of gur, weighing 50 kg each, I were being sent to the applicant and he may sell it at the bazar rates at his shop. 7 bags of khandsari were the same, which were found in excess by the Food Inspector and 8 kattas of gur, would mean 3.20 quintals of gur and another 4 bags of wheat, weighing 50 kg. each would mean 2 quintals. This brings the total to 5.20 quintals, which would be 13 kattas, if each katta contains only 40 kg. of gur. Thus by this letter and also by the octroi receipt it was proved that the applicant got this gur and khandsari found in excess in his stock the same day. Under U.P. Sugar Licencing Order, 1962, he was to complete the account for the day on the close of the business that day, and therefore, even if this gur and khandsari were not entered in the stock, the applicant had committed no irregularity. The learned Munsif has stated that this gur and khandsari, which the applicant had received, should have been immediately entered in Chitti Bahi. But it has not been shown to me how this was obligatory and how the applicant was obliged to make such an entry. The applicant did not show the octroi receipt and the letter of Shri Gopal to the Inspector because at the time when the inspection was made, he was not present in his shop. Since it was shown how this consignment, khandsari and gur, came to the shop of the applicant and because it had to be entered in the books on the close of business that day, therefore, there was nothing irregular in this being found at the shop of the applicant and it could not be confiscated.