BHANWARLAL R VAIDH Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against an order passed by Collector Mandsaur confiscating certain quantity of food-grain which was seized. The order of the Collector has been maintained on appeal by the Sessions Judge Mandsaur.

(2.) IT appears that on 29th February 1976 the shops of businessmen at shamgarh were inspected. At the shop of Ramlal Gangaram at about 4-30 in the evening in four the las pulled by hand some quantity of food grain was found. The hammals were interrogated but as they were not in a position to give satisfactory answer, the 23 bags of 'tuwar' was seized. Later, on investigation it was found that this 'tuwar' belongs to Bhanwarlal s / o Ram-pratap of Khejadia and it was sent by him for sale to Ramprasad s / o Ram-gopal of Shamgarh. It appears that it was also found that Bhanwarlal s/o rampratap was running a shop at the village. As he had no licence under the madhya Pradesh Food grains Dealers Licencing Order, 1965 (hereinafter referred to as "the Licensing Order") a notice was issued to the petitioner and after hearing him the quantity of food grain was confiscated. Against this confiscation an appeal was preferred and as the learned Sessions Judge maintained the order passed by the Collector, the present revision petition has been filed.

(3.) LEARNED counsel for the petitioner contended that there is nothing to hold that the petitioner was a dealer and in absence of that the food grain could not be confiscated. He also contended that according to the petitioner this food grain belonged to his son and nephew who had agricultural lands and the Collector committed an error in confiscating it without notice to these two persons.