RAJASTHAN TRADERS Vs. STATE

JUDGEMENT

(1.) THE applicant has filed this revision petition against the order passed by Scssions Judge, West Nimar, Mandleshwar in Criminal Appeal No. 330/2000 wherein the learned Judge affirmed the order passed by the Collector/licensing Authority, District Khargone in case No. 13/2000 where the Collector found that contravention of Madhya Pradesh Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1991 (for short, 'the Order') under which license was granted and there was breach of Condition Nos. 2 and 3 and Clause 8 (i) of the said Order was committed by the applicant and ordered for confiscation of Rs. 50,000/- (Rupees Fifty thousand) out of price of wheat weighing 494. 50 quintals worth Rs. 2,96,000/ -.

(2.) THE facts of the case in brief are that the Food Inspector inspected the premises of the applicant on 6th of June, 2000 and found that in the stock register dated 20-4-2001, 2 quintals wheat was mentioned in excess and the same was not rectified even upto the date of inspection. It was also found that 494,50 quintals of wheat was illegally stored in a godown other than the godown mentioned in his license. The Food Inspector, after completing the search, submitted memorandum before the Collector for taking action against the applicant for commission of breach of Provision of the Order and the Collector took cognizance and issued show-cause notice under Section 6-B of the Essential Commodities Act, 1955 (for short, 'the Act') on 16-6-2000.

(3.) THE applicant has submitted his written reply alongwith the document. According to him, 494. 50 quintals of wheat was purchased on 5th June, 2000 in the premises of Krishi Upaj Mandi Samiti and the same was lying in the open ground but because of apprehension of rains, the same was stored with due permission obtained by the Secretary of the Krishi Upaj Mandi Samiti, Bhikangaon. Alongwith the reply, the applicant has also filed the application dated 5-2-2000 addressed to the Secretary, Krishi Upaj Mandi Samiti seeking permission for storing the wheat in the godown No. 1 of Mandi Samiti temporarily so as to save the wheat from the apprehension of rains. Accordingly the permission was granted by the Secretary of the Mandi Samiti. He has also submitted that on 20-4-2000 actual stock of the wheat was 1476. 83 quintals but because of calculation mistake, there was difference of 2 quintals and the same was continued till 6-5-2000 when the premises was inspected by the Food Inspector. The applicant, further submitted in its reply that as per the licence conditions, licensee was required to inform the Licensing Authority within 48 hours regarding change of place of storage of commodity at different place than the place specified in the license but before expiry of 48 hours his premises was inspected by the Food Inspector and he could not furnish the information about the same. The applicant had submitted that he applied for the storage of 494. 50 quintals wheat in godown No. 1 of the Krishi Upaj Mandi Samiti, he had not committed any breach.