STATE OF U P Vs. LAXMI NARAIN

JUDGEMENT

(1.) THIS is a Government appeal against the acquittal of Lashmi Narain by the Additional District Magistrate, Kheri. The respondent was prosecuted for an offence under sub-rule (9) of Rule 126 of the Defence of India Rules 1962 read with Clause 19(a) of the U. P. Foodgrains (Control, Requisition and Distribution) Order, 1963, hereinafter referred to as Order, The respondent was found in possession of 106 Quintals 32 K.Gs. and 500 Grans of foodgrains on 26-9-1964 at 7 A.M. This Stock was in excess of the prescribed limit, that is, 100 Quintals and was found stored for over a week. It was further found by the Magistrate who had effected raid that the respondent had kept his stock register wherein the entries were posted only upto 24-9-1964. He was consequently found to have committed breach of the condition of Clause 3(ii) of the Foodgrains Licence of Form B as granted under the U. P. Foodgrains Dealers Licensing Order. 1964.

(2.) THE respondent had not disputed the recovery but had pleaded that he was not aware of the amended Order.

(3.) THIS decision was subsequently overruled in 1965 ALJ 862, State of U. P. v. D.D. L Lal. It was a Full Bench decision wherein it has been held that "failure of the Order to provide for a mode in which the dealers were to act in the event of the excessive stocks remaining with them undisposed of did not amount to 'lawful excuse', Desai. C. J., speaking for the Court observed: