RAMDAS Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Ramdas has been convicted under section 3/7 of the Essential Commodities Act, 1955 for contravening clause 3 (a) (i) of the M.P. Foodgrains Dealers Licensing Order, 1965 and sentenced to rigorous imprisonment for three months on three counts and to pay a fine of Rs. 500/ - on each count.

(2.) THE prosecution case was that accused Ramdas was dealer in foodgrains. On 4.7.1983 he was in possession of 321 Quintals of wheat. Similarly on 21.4.1983 he was in possession of 263 Quintals of wheat and on 1.5.1983 he was in possession of 285.5 Quintals of wheat. The maximum quantity which he could possess on one day was 250 Quintals.

(3.) COMING to the question of sentence it has been argued on behalf of the appellant that the offence was committed in 1983 and therefore, the sentence of imprisonment should be set aside. The trial Court has also observed : "Technically offence is made out against the accused though the circumstances are indicative of his bona fide intention". This observation is relied upon on behalf of the appellant for reducing the sentence. A number of judgments of this Court have been relied upon in which dealing with the question of sentence under the prevention of Food Adulteration Act, 1954 the sentence has been reduced to less than minimum. It is well settled that a decision is an authority for the proposition of law it decides and not what was done in that particular case. The Supreme Court in State of Andhra Pradesh v. S.R. Rangadamappa (AIR 1982 SC 1492) has laid down the law as under : -