STATE OF M.P. Vs. MANOJ KUMAR MEHTELE

JUDGEMENT

(1.) By means of filing the present revision under Section 397/401 of the Code of Criminal Procedure, 1973, the petitioner/State has assailed the judgment dated 11.09.09 passed by learned Sessions Judge, Anuppur in Criminal Appeal No. 96/09 whereby learned Sessions Judge has allowed appeal of the respondent and directed release of confiscated sugar. This fact is not in dispute that looking to the rising prices and hording of sugar, the State of MP in terms of provisions of clause (b) of Section 5 read with Section 3(2) (Gha) of Essential Commodities Act, 1955 issued an order on 13th July, 2009 in respect of licensing and control of Sugar Trades whereby prohibiting trading of more than 20 quintals sugar without license.

(2.) The facts in nut shell are that the respondent who is a trader of sugar purchased 159.50 quintals sugar from M/s Vijay Trading Co., Raipur (Chhatttisgarh) on 17.08.09 which was received on 19.08.09 by him at Kotma, Anuppur. Before receiving the aforesaid quantity of sugar, respondent applied for grant of license in respect of 17.5 quintal sugar. The respondent's godown was searched by the Asstt.Supply Officer on 21.08.09 wherein stock of 159.50 quintals of sugar was found. Notice in this respect was issued to the respondent on 22.08.09 as to why the said stock of sugar be not confiscated.

(3.) The respondent replied to the aforesaid notice contending that on coming to know about issuance of aforesaid order, he had applied for license on 18.08.09 and at that time 17.50 quintals sugar was in his stock.