ASHOK KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner, who runs a stationary shop at Kothari Market, Ratlam calls in question the order dated 25.3.97 (Annexure P -5), passed under section 6 -A of the Essential Commodities Act, by the respondent No. 2, the Collector, Ratlam as also the Order dated 8.2.2000 (Annexure P -7), passed in appeal, by the State Government, respondent No. 1.

(2.) THE impugned order (P -5) was passed by the Collector for the alleged violation by the petitioner of the provisions of the M.P. Essential Commodities (Prtee Exhibition & Price Control) Order, 1977, issued in exercise of the powers conferred by section 3 of the E.C. Act, by the State Government.

(3.) IT is not disputed that the petitioner did not on the relevant day exhibit price list or stock position of the note -books when his shop was inspected by the Food Inspector. He was, thus, clearly guilty of violation of Clauses 3, 4 and 6 of the Price Control Order. The petitioner has, however, assailed the impugned order of confiscation on the grounds - One : that he was not given opportunity to lead evidence in his defence; and Two : that violation was only of technical nature and no mens -rea could be attributed to the petitioner. It was, thus, contended on behalf of the petitioner that in any case the order of confiscation of the entire stock worth Rs. 2.75 lacs was unduly harsh and not commensurate to the guilt of the petitioner. Reliance was placed on a D.B. decision of the Bombay High Court in Madhav 1977 CrLJ 1800 and a decision of this Court in Ganpat, 1983 MPWN 176.