KOLLPARTHI KOTAIAH Vs. DISTRICT REVENUE OFFICER ONGOLE

JUDGEMENT

(1.) 1. This revision is directed against an order of the ; Sessions Judge, Ongole division, in an appeal filed before him under section 6-C of the Essential Commodities Act confirming the order of the District Revenue Officer, Ongole, confiscating to the State some quantities of foodgrains as provided under section 6-A of the Essential Commodities Act on the ground that when the Sub-Inspector cf Police, Vigilence Cell, Nellore.. inspected the residence of the petitioner on 1-9-1972 he was found in possession of some quantities of foodgrains and seized them and on the next day when the inspector searched the shop of the petitioner, the petitioner was found in possession of some more quantities of foodgrains and they were also seized and he was found in possession of the same without a licence under the Andhra Pradesh Food Grains Dealers, Licensing Order, 1964 (hereinafter referred to as the Licensing Order'). The total quantity of foodgrains seized came to more than 25 quintals. The petitioner is holding a registration certificate under the Andhra Pradesh General Sales Tax Act. However, for dealing in food- grains a licence is also required as provided under the provisions of the Licensing Order. Admittedly the petitioner was not holding any licence under that Order. It is provided under sub-clause (1) of clause 3 of the Licensing Order that:

(2.) It is provided under sub-clause (2) of clause 3 of the Licensing Order that:

(3.) The term "dealer" is defined in clause (2) (a) of the Licensing Order, So far as,,it is relevant for our purpose, the term "dealer" is defined as meaning.