MARAM SUBRAHMANYAM STORES Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These Writ Petitions raise common questions of law. They can therefore be disposed of by one common judgment. The petitioners are businessmen who deal in a number of commodities including foodstuffs and other items like toilets, cosmetics, edible oils, textiles, electrical accessories, paper, etc.

(2.) The Sub Inspector of Police filed criminal cases against the petitioners before the Munsif-Magistrate charging them for violation of section 7 of the Essential Commodities Act, hereinafter called "the Act", read with section 3 of the Andhra Pradesh Exhibition of Price Lists of Goods Order, 1966 hereinafter called "the Order", for failure to exhibit the price lists of goods. These petitions have been filed challenging the vires of some of the provisions of the Order.

(3.) In order to appreciate the various contentions raised before me, it is necessary to read some of the provisions of the Act. The Act defines ' essential commodity' to mean the classes of commodities mentioned in section 2 which includes foodstuffs including edible oilseeds and oils. The same section authorises the Central Government to declare any other class of commodity by notified order to be an essential commodity fcr the purposes of the Act. The commodity, however, must be such with respect to which Parliament has the power to make the laws by virtue of entry 33 of List III of the Seventh Schedule to the Constitution. Section 3 relates to the power to control production, supply, distribution, etc. of essential commodities. Sub-section (1) of section 3 provides that if the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. Sub-section (2) of that section says that without prejudice to the generality of the powers conferred by sub-section (i), an order made thereunder may provide for the things mentioned in that sub-section. Sub-section (3-A) of section 3 states that if the Central Government is of opinion that it is necessary for controlling the rise in prices or preventing the hoarding of any stuff in any locality it may by notification direct that the price at which the foodstuff shall be sold in the locality shall be regulated in accordance with the provisions of that sub-section. Clause (iv) of that sub-section reads as follows : " For the purposes of sub-clause (c) of clause (iii) the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rate for which published figures are available in respect of that locality or a neighbouring locality ; and the average market rate so determined shall be final and shall not be called in question in any Court." Sub-section (6) of Section 3, being material has to be read in full : " Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it made."