DEORAO MAHADEO NARAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two applications are being disposed of by a common judgment because the law point arising in both is whether non-obedience to the notice issued under Clause 6 of the Maharashtra Scheduled Foodgrains (Trade Monopoly) Order, 1972 (hereinafter called the Monopoly Order) is punishable as a contravention under Section 7 of the Essential Commodities Act, 1955. It appears that Naib Tahsildar Lothe raided the houses of both the applicants residing at Shegaon on 4-2-1974. So far as the applicant Deorao son of Mahadeo is concerned, according to the prosecution although he was a leviable cultivator, he had not given the requisite levy and he also committed a breach of Clause 6 of the Monopoly Order because even after a notice issued to him to sell a particular quantity of paddy found in his possession he did not obey it.

(2.) IT appears that when the raid was carried out total quantity of paddy found in his possession was 40 Khandis. After making allowance as contemplated by Clause 6 of the Monopoly Order the excess with him was 15 Khandis equivalent to 22 quintals. Consequently a notice as required by Schedule F was served on him on that very day, namely, 4-2-1974 to sell the excess to Government in the manner therein shown. There was no such sale. It is pertinent to go through the declaration Exhibil-15 and 15-A whereunder the applicant Deorao shows that the entire paddy found at the lime of raid belonged to him. This declaration is also dated 4-2-1974.

(3.) IN respect of applicant Atmaram the total quantity found by the Naib Tahsildar Lothe in his possession was 72 quintals of paddy. From Exhibit-16 it also appears that 60 quintals of paddy was added to this figure because that was the grain found in possession of the wife of his brother at village Neri where witness Kanaskar had carried out the raid on 17-1-1974. Consequently taking the total of 132 quintals and making allowance of 67 quintals as required under Clause 6 of the Monopoly Order he was found to have 65 quintals in excess. As such notice was issued to him to sell that excess to Government. Here also the notice was not complied with. The declaration obtained from the applicant at the time of the raid in Form F Exhibit-18 and 18-A shows that the applicant admitted his possession of 73 quintals of paddy but he had said that the same belonged to himself, his two brothers together with his wife and the wife of another brother by name Namdeo. Incidentally the raid carried out by witness Ranaskar at Neri was in the house where Namdeo was the occupant.