MOHD HASAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE present application in revision is directed against the appellate order of the learned Sessions Judge, Kumaun dated 7th November, 1974. THE applicant, Mohammad Hasan has been convicted under Section 3/7 of the Essential Commodities Act and sentenced to pay a fine of Rs. 1500/- and in case of default of payment of fine to undergo three months rigorous imprisonment.

(2.) THE prosecution case is that on 4th May, 1973 at about 11 A. M. Sri Ram Autar Singh, Senior Marketing Inspector, Haldwani, made a checking of Atta-Chakki of the applicant situate in Mohalla Pearsanganj at Haldwani and found apart from nine small Kattas and tins filled with wheat for grinding, 91. 50 qtls. of other food-grains. He did not have any licence from the District Magistrate, Nainital to run this Chakki nor had he any food grains licence to store more than 10 quintals of a commodity or a total of 25 quintals of various varities of food grains.

(3.) THEREFORE, on reading Section 7 of the U. P. Essential Commodities Act it is clear that the contravention must be of the order made under Section 3 of the Essential Commodities Act. Section 3 of the U. P. Foodgrains Dealers Licensing Order, 1964 is the relevant Order and it is to be seen whether there has been any contravention of this Order. Sub-Section (1) of Section 3 provides :-