(1.) THIS is a revision by the accused against their conviction under section 7 (1) of the Essential Commodities Act, 1955, for contravention of Clause 3 of the Madhya Pradesh Sugar Dealers Licensing Order 1959, passed by the Magistrate 1st Class, Mandla, in Criminal Case No. 612 of 1965, dated 23 -4 -1966, as affirmed by the Additional Sessions Judge, Mandla, in Criminal Appeal No. 139 of 1967, dated 15 -11 -1967.
(2.) IT has not been disputed by the prosecution and moreover, it is amply established from the material on record that prior to the date of the alleged offence, which was said to have taken place on 30 -6 -1961, the petitioners, who are the real brothers and were carrying on business at 3 different places, namely, at Mandla, at Bamni -bazar and at Nainpur, all situated in Mandla district. In those shops they used to deal in controlled commodities, which might be governed by different orders passed under section 3 of the Essential Commodities Act, 1955. They held separate licences in respect of the three shops located at these places. However, just before the alleged offence they had surrendered those licences to the authorities on account of some difference with the local authorities. We are not concerned with the details of those differences.
(3.) HOWEVER , the prosecution alleged that 80 bags were meant to be delivered to the petitioners irrespective of the fact as to where and in what quantity they were to be delivered. Therefore, the prosecution alleged that the petitioners having imported into Mandla district more than 137 maunds of sugar at one time, were guilty of contravention of Clause 3 of the M. P. Sugar Dealers Licensing Order, 1959.