FAIYAZ KHAN Vs. STATE

JUDGEMENT

(1.) The Applicant is a grain -dealer in the Township of Jawan in the District of Aligarh. By judgment and order dated 23 -3 -1965 the Magistrate had convicted him Under Sec. 7(1)(a)(ii) of the Essential Commodities Act, 1955 and sentenced him to undergo one years R.I. for the breach of Clause 3(1) of the UP Food Grains Dealers Licensing Order, 1964 which runs as under:

(2.) On appeal the learned Sessions Judge set aside the conviction of the Applicant Under Sec. 7(1)(a)(i) but maintained his conviction and sentence Under Sec. 7(1)(a)(ii). Thus we are no longer concerned with the allegations relating to the charge of which he has already been acquitted. In other words we have now to determine whether the Applicant was carrying on the business of selling wheat without a licence.

(3.) In appeal it was found that as far back as 29 -11 -1963 the Applicant had deposited the requisite licence fee for renewal of his licence by means of treasury challan and receipt (paper No. 47c) while it was on 26 -7 -1964 i.e. 8 months later that he was found selling wheat without licence. The argument is that the default was on the part of the Licensing Authority for not issuing the requisite licence with promptitude. It was open to the Licensing Authority either to refuse to renew the licence or renew it but if the authority stood over the matter for about 8 months, no mens rea can be attached to the dealer in carrying on sales during the intervening period between the deposit of licence fee and the actual delivery of the licence. After all a business man who has been carrying on wheat trade, under a licence and has already applied for renewal of licence, on payment of requisite fee, cannot wait limitlessly for the grant of licence and stop his running business in the meantime or to discontinue his well established business. In such circumstances, he would obviously not act with guilty mind but only be deemed to be acting bonafide and therefore not liable for the technical breach of the rule.