DILIP KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This revision under Sections 397/401 of the Code of Criminal Procedure has been preferred against the judgment of the [Additional Sessions Judge, Varanasi, dated June 5, 1982, upholding the order of the Additional Collector and Additional District Magistrate (Civil Supplies). Varanasi, confiscating 69 quintals of khandsari and 54 quintals of Gur.

(2.) On 25th February, 1981, a raid was made of that shop of Mis Shrawan Kumar Dilip Kumar, Visheshwarganj, Varanasi. On verification of the stock, 2 Kattas of were found in excess of the Stock Register Secondly the licence of Khandsari bad although been suspended vide order dated 31st October, 1980 on account of certain irregularities and had not been restored, even then the applicant was doing business on the same.

(3.) On 2nd March, 1981, a written report was made to the Additional District Magistrate (Civil supplies) on which notice under Section 6B of the Essential Commodities Act was issued to Radhey Lal, the proprietor of the applicant firm. On 14th September, 1981, written statement was filed on behalf of the said firm pleading that the notice was illegal and that the applicant firm had not committed any illegality. There was no shortage in the stock of Gur. With regard to the suspension of the licence, the applicant pleaded that he had moved for the renewal of the licence for the year 1981.