STATE GOVERNMENT Vs. BOKHA

JUDGEMENT

(1.) EACH of the respondents was convicted by the Magistrate, 1st Class, Jashputnagar, of an offence under Section 7 (1), Essential Supplies (Temporary Powers) Act, for the contravention of Clause 3 (1), Foodgrains Control Order, 1945 and sentenced to rigorous imprisonment for a period of 4 months. 170 maunds of food-grain seized from the respondents was also ordered to be forfeited to Government, In appeal the Additional Sessions Judge, Rajgarh, set aside the conviction and sentences passed on the respondents. The State Government have now come up in appeal under Section 417, Criminal P. C.

(2.) IT is accepted before us that respondent 2 Pitrus stored 170 maunds of gram in the house of respondent 1 Bakha. According to the prosecution, this amounts to a contravention of Clause 3 (1), Foodgrains Control Order, because neither of the respondents holds a licence from the Deputy Commissioner for dealing in foodgrain. On behalf of the respondents it is pointed out that Clause 3 (1) prohibits dealing in foodgrains without licence and that even though a person is found to be in possession of a particular kind of foodgrain in excess of fifty maunds he cannot be said to be dealing in foodgrains. It is also contended that the respondents had no knowledge of the promulgation of this particular Control Order, that the mens rea necessary for committing offence was lacking, and that therefore neither of the respondents can be convicted,

(3.) THE two Sub-clauses of Clause 3, Foodgrains Control Order, read as follows: (1) No person shall deal in foodgrains aa a wholesale dealer except under and in accordance with a licence issued by the Deputy Commissioner of the district. (2) For the purpose of this clause any person who stores under whatsoever circumstances any one food-grain in quantities exceeding 50 maunds or a number of foodgrains in quantities of 100 maunds or more in 'the aggregate, shall, unless the contrary is proved, be deemed to be a wholesale dealer. Looking at Sub-clause (1) it would appear that "what is prohibited is dealing in foodgrains as a Wholesale dealer without a licence. Merely being a wholesale dealer is not, according to the strict interpretation of this clause, prohibited. What has therefore to be shown, in our opinion, is not only that the person concerned is a wholesale dealer but also that he deals in foodgrains, Sub. Clause (2) enacts a presumption as to who would be deemed to be a wholesale dealer and in effect widens the definition of a "wholesale dealer" contained in Clause 2 (e) of the Order.