KRISHI UPAJ MANDII SAMITI Vs. MOHANLAL KHEMCHAND

JUDGEMENT

(1.) THIS is a complainant's appeal by grant of special leave challenging the order of acquittal dated 21-9-1. 967 under Section 17 read with Section 29 of the Madhya Pradesh Agricultural Markets Act, 1960, (hereinafter referred to as the 'act') recorded toy the Additional District Magistrate (Judicial ).

(2.) IT is not disputed that a Mandi area has been established at Lashkar as per notification No. 145/xiii Indore, dated 9th June 1953 by the Commerce and Food Department for notified agricultural produce including Mirchi. Dhani'a and Haldi. It is also not disputed that the respondent Mohanlal is a wholesale dealer in Dal Bazar. Inder Ganj, Lashkar. carrying on business under the the name and style "mohanlal Shree-chand. " It is also not disputed that the respondent sells Kirana goods, Mirchi. Dhania and Haldi. The respondent admittedly did not obtain licence from the Mandi Committee Lashkar. The Mandi Committee Lashkar through its Accountant instituted a complaint against the respondent for contravention of Section 17 of the Act for dealing in Mirchi, Dhania and Haldi without obtaining a licence from the Committee.

(3.) THE respondent admitted that he was carrying on trade in Mirchi, Dhania and Haldi in Dal Bazar. Interganj, Lashkar and also admitted that he had not obtained any licence from the Mandi Committee. His contention was that since he was purchasing the above produce from outside Madhya Pradesh, he was not bound to obtain a licence.