MOHAN Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall also govern the disposal of Criminal Appeals Nos. 544/87, 532/87, 108/89, 109/89, 373/89, 378/89, Cr. R. Nos. 421189, 415/89 and Misc. Cr. Case No. 39. 66/88.

(2.) Appellant Mohan in his appeal was convicted U/S 7 read with Section 3 of the Essential Commodities Act, 1955 (X of 1955) (hereinafter called the Act) for breach of Paragraphs 5 & 6 of the M.P. (KhadyaPadarth) Sarvajanik Nagrik Purti Vitaran Scheme, 1981 M.P. (Foodstuffs) Civil Supply-Distribution Scheme, 1981) (Hereinafter called the Scheme) and sentenced to R.I. for three months and a fine of Rs. 1,000/- in default R.I. for one month.

(3.) In all the abovementioned appeals and, cases a common question of law is involved, viz. whether the breach of the Scheme, Is punishable u/s. 7 of the Act. Section 7 of the Act provides for penalty to a person, who contravenes any Order made under Section 3. Section 3(1) empowers the Central Government, by Order, to Provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce thereof. Section 3(2)(d) provides that and Order made under sub-section (1) may provide for regulating by licence, permits or otherwise the storage, transport, distribution, disposal, acquisition, use of consumption of any essential commodity. In exercise of powers u/s 5, the Central Government to delegate its power to the State Government u/s 3, by Notification No. G.S.R. 1088, dated 15th November, 1958. In exercise of delegated power, the State of M.P. made M.P. Foodstuffs-(Distribution Control) Order, 1960 (hereinafter called the Order), published in M.P. Rajpatra, Part I, dated 5.11.1960, at page 1396. Clause 2 (d) defines Government Scheme to mean a scheme for distribution of food stuffs to consumers through fair price shops set up by Government in this behalf. By amendments dated 30th October, 1980, Clause 2(bb) was added in the definition of Fair Price Shop to mean a shop set up by the Government under the Scheme.