HARI RAM GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal revision has been perferred against the order dated May 31, 1977 passed by Sessions Judge, Gonda in Criminal Appeal No. 147 of 1976. Through that order the learned Judge upheld the order dated May 17, 1976 passed by the Collector, Gonda under Section 6-A of the Essential Commodities Act, 1955. The Collector had, through that order confiscated 111 quintals of Gur seized from the possession of the two revisionists by the Senior Marketing Inspector, Balrampur on August 4, 1975.

(2.) THE undisputed facts of the case under revision are that the two revisionists Hari Ram Gupta and Balram Gupta are real brothers. THEy are sons of one Ram Milan. THEy reside in Mohalla Bhagwatiganj of the town of Balrampur in the district of Gonda. THEy and their father are undisputedly dealers in Gur. An order known as U. P. Sugar and Gur Dealers Licensing Order, 1962 was passed by the State Government under Section 3 of the Essential Commodities Act, 1955. Under Section 3 of this Order no person could carry on business as a Gur dealer except under and in accordance with the terms and conditions of a licence issued in that behalf by the Licensing Authority. It is also not disputed that the Licensing Authority contemplated by that order was the Collector of Gonda and the revisionists were carrying on business as Gur dealers within the jurisdiction of the Collector Gonda without obtaining a licence contemplated by the aforesaid provision of the Order of 1962.

(3.) WHILE making the above observations Satish Chandra, J., had placed reliance upon the decision of the Supreme Court in Nathu Lal v. State of Madhya Pradesh, AIR 1966 SC 43.