LAXMINARAYAN RICE MILL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision is directed against the Order of the Judicial authority, maintaining the confiscation of the applicant's 394. 50 Quintals of paddy under section 6-A of the Essential Commodities Act. 1955 for breach of condition Nos. 3 (i) to (iii) of the licence obtained by him, under section 3 of the M. P. Food grains Dealers' Licensing Order, 1965.

(2.) THE facts, which are not in dispute, are briefly these: the applicant, who is the proprietor of the licensed Laxminarayan Rice mill at Lanji, has also a licence as a 'dealer' under the M. P. Food grains dealers' Licensing Order, 1965. On a surprise raid of his rice mill shop, godown and his house by the flying squad of the State Government on 23-2-1976, it was found, on physical verification of the applicant-dealer's stock as per the entries in the food grains stock register, that 300 Quintal of paddy, stocked in his residential house, and 94-50 Quintals of paddy stocked in his rice mill premises, were not entered in the stock register; and as such, this stock, as found, was in excess of the stock entered in the stock register. The collector gave a show cause notice as to why this excess quantity of paddy should not be confiscated for breach of the terms of the licence. The applicant had filed his reply and was also given a hearing. After considering the evidence and all other material produced by the applicant, the Collector ordered confiscation of 394. 50 Quintals of paddy. Against this Order, appeal was preferred before the Judicial Authority, who dismissed the appeal; and maintained the Order of confiscation. Hence, now the applicant's present revision.

(3.) THE learned counsel for the applicant-dealer has pressed before me the following points :-