LAWS(ALL)-1991-5-20

GOPAL PRASAD Vs. STATE OF UTTAR PRADESH

Decided On May 06, 1991
GOPAL PRASAD Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This Criminal revision is directed against order dated 14/11/1990, passed by Special Judge (E.C. Act) Mathura, refusing release of seized property on ground of bar of jurisdiction contained in S. 6-E of the Essential Commodities Act which runs as under : -

(2.) Before proceeding further it would be useful to say that 'Gur' and sugar are essential commodities. U. P. Sugar end 'Gur' Dealers Licensing Orders, 1962 were passed under S.3 of the Essential Commodities Act. In sub-clause (a) Gur has been defined as it means the article commonly known as gur, gul, jaggery, shakkar and rab, and includes raw sugar and uncrystallized sugar in any other form comprising of original and convertible molasses and other impurities inherent or foreign, prepared by boiling cane or palmyra juice.

(3.) In sub-clause (f) of clause 2 of the Order sugar has been defined as it means any form of sugar including khandsari sugar containing more than 90% sucrose.