KRISHNARAO VITHOBAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant Krishnarao was convicted and sentenced to pay a fine1 of Rs. 100/- under Section 7, Essential Supplies (Temporary Powers) Act, 1946 by the Additional District Magistrate, Wardha, for contravention of Clause 3, Central Provinces and Berar Foodgrains Control Order, 1945; and his appeal was dismissed by the Sessions Judge, Wardha. He has now come up in revision to this Court. Janrao, Bhaiyya and Pandurang, his servants, were discharged by the trial Court.

(2.) THE prosecution case was, briefly stated, to the effect that, although the applicant was not licensed to deal as a wholesale dealer, he had on each of 4 occasions purchased and sold grain which exceeded 5 maunds in weight during March and April 1950 at Wardha.

(3.) THE applicant admitted in examination that these transactions had taken place, but he claimed that as he was not an 'arhatiya' within the scope of the Central Provinces and Berar Foodgrains Control Order, 1945, he was not required to be licensed. He added that he did not deal personally in the purchase, sale or storage of grain. In his written statement he asserted that an 'adatya' under the grain market rules was not an 'adatya' or commission agent as contemplated by that Order, that he 'bona fide' believed that it was not necessary for him to have a licence and that until 9. 7. 1950 he was shown as the agent of his son Vinayak, with whom he is joint, in Vinayak's licence. Of the four defence witnesses examined, three declared that the applicant was a mere 'dalal' (broker) or 'kaccha adatya'.