JAMI MALLESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioner who is a dealer in food grains and oils was found to have violated Clause 3 of the A. P. Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982 (for short the A. P. Order) and Clause 3 of A. P. Prevention of Hoarding of Food- grains Order, 1973 and an F.I.R. was registered in respect of these offences. The proceedings under Section 6-A of the Essential Commodities Act, 1955 were taken before the Joint Collector, Srikakulam. After enquiry, the Joint Collector ordered confiscation of 60% of the goods seized and released remaining 40% of the goods in favour of the petitioner. Against this order an appeal in Criminal Appeal No. 96 of 2000 has been preferred by the petitioner before the learned Additional Sessions Judge, Srikakulam. While this appeal has been pending, the petitioner moved Cri. M.P. No. 589 of 2000 for release of the oils seized without security and for release of the other commodities on furnishing bank guarantee.

(3.) The petitioner's plea in respect of release of oils is based on the view expressed by the Division Bench in A. P. Oil Millers Association Ltd., Hyderabad v. Commissioner of Civil Supplies, Consumer Affairs, Hyderabad, (1998) 5 ALT 433 that in view of amendment to the Central Storage Control Order namely, the Pulses Edible Oil seeds and Edible Oils (Storage Control) Order, 1977 under which oils and oil seeds have been deleted from the purview of the said Standing Order, these commodities shall not come under the purview of the A. P. Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982. Thus the law as laid down by this Court in regard to oils, oil seeds is that they do not come under the purview of the above said A. P. Order. The contention based on this decision is that an offence could be said to have been committed in respect of oils and oil seeds in this case. Based on this plea, it is pleaded that as far as the seized oils are concerned, the entire stock may be released in favour of the petitioner.