SHIV CHARAN LAL Vs. STATE

JUDGEMENT

(1.) THIS is a revision by a dealer against the order of the learned Additional Sessions Judge, Lucknow dismissing his appeal against the order of the A. D. M. [Civil Supplies] Lucknow confiscating 520 tins of Vanaspati weighing 16 kgs. each.

(2.) THE relevant facts in this connection are that the applicant had a licence of retail dealer of Vanaspati Ghee in the Cheap Market of Amina- bad, Lucknow. it is said that on 4-5- 74 he sold 20 tins to one Nanak Chand Sindhi resident of mohalla Mowaiya though he purported to have done so in the name of 20 persons. That Nanak Chand Sindhi was intercepted by the police while he was carrying 20 tins on a THEla in mohalla New Ganeshganj. THE tins did not bear any price noted on it. It was also found that two cash memos were issued in the name of one person Ram Narain and in this way two tins were said to have been sold in favour of one person. It was also pointed out that there was thus a contravention of the U. P. Uchit Mulya Tatha Vitran [Khadya] Adesh, 1976 issued under Essential Commodities Act.

(3.) HOWEVER, the authorities moved the Collector to take action against the applicant under Section 6-A of the Essential Commodities Act. A notice was issued to the applicant to show cause as to why in view of the contravention of U. P. Vanaspati Dealers Licensing Order, 1969 and of the U. P. Uchit Mulya Tatha Vitran [Khadya] Adesh, 1976, 520 tins of vegetable Ghee weighing 16.5 kgs. each be not confiscated.