(1.) THIS reference arises out of a prosecution of the applicants for a breach of the provisions of Rule 65 (7) of the Rules framed under Section 26 of the M. B. Agricultural Produce Markets Act No. 17 of 1952.
(2.) THE applicants carried on trade in cotton, groundnut, cottonseeds and other agricultural products within the Kukshi Tehsil during the year 1. 4. 58 to 31. 3. 59. The Act mentioned above requires under Rule 65 (1) a license to be taken by a person carrying on any business as a trader in agricultural produce, if it is carried on in any market area. The market area has been defined under the Act wss declared under Section 4. Kukshi Tehsil was declared as a market area under Government Notification No. 2242/13-C/516/54 dated 9. 5. 55 published in the M. B. Gazette Part I B dated 16. 6. 55.
(3.) THE prosecution allegation is that the applicants carried on business during the above mentioned period without taking a license as required under the Act.