NAKIRIKANTI PANDURANGARAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The case has been referred to the Bench by our learned brother Mirza, J. as it involved interpretation of 'note' to condition 2 of the licence The facts necessary to appreciate the question involved may briefly be stated. The petitioners herein have been prosecuted by the police, Jaggayyapet in Crime No. 47/65 under section 7 (1) (a) (ii) of the Essential Commodities Act read with clause 8 of Andhra Pradesh Foodgrains Dealers' Licensing Order, 1964 and condition 2 of the licence issued thereunder. It is stated in the charge-sheet that the petitioners and six others are partners of a firm doing business in foodgrains under the name and style of ' Nakirikanti Pandurangarao, Tummuluri Pandurangarao & Co.' and they have been granted wholesale and retail licences under the Andhra Pradesh Foodgrains Dealers' Licensing Order bearing Nos. 686/64-65 and 687/64-65.

(2.) On 12th September, 1965 at about 4 A.M. the first petitioner was found transporting 64 bags of rice, 6 bags of jawar and 3 bags of bran in a lorry No. APK 1439. The lorry Was chased by the C.T. Special Intelligence Unit, C.I.D., Waltair Zone and stopped after 'they had crossed the check post at Shermohammadpet on Vijayawada Hyderabad Road. It was stated that according to the licences held by the petitioners, they were not entitled to store the foodgrains at any other place except Jaggayyapet nor permitted to carry on business except in Jaggayyapet. They had no licence to store the foodgrains at Thakkellapadu or any other place except Jaggayyapet.

(3.) Therefore by transporting the foodgrains from Jaggayyapet to Thakkellapadu, they had violated condition 2 of the licence and were liable to punishment under section 7 (1) (a) (ii) of the Essential Commodities Act read with clause 8 of Andhra Pradesh Foodgrains Dealers' Licensing Order, 1964 and condition 2 of the licence issued thereunder.