M. SURYANARAYAN Vs. STATE

JUDGEMENT

(1.) THE Petitioner has been prosecuted under Section 7 of the Essential Commodities Act for having purchased 19.23 1/2 quintals of paddy (51 mounds 17 1/2 seers) from the sandy at Doraguda on 14 -12 -1966 without a valid permit in contravention of Clause 3 of the Orissa Food Grains Dealers Licensing Order, 1959.

(2.) THE trial Court found that the prosecution has established that the accused had purchased the aforesaid quantity of paddy from different producers at the Sandy. Relying on the definition of 'dealer' in the Food Grains Dealers' Licensing Order, 1959 (hereinafter referred to as 'the Order') that it means a person who is engaged in the business of purchase, sale or storage for sale of anyone of the foodgrains in quantities of fifty standard mounds or more in a single calender day, he convicted the Petitioner and sentenced him to undergo R.I. for thirty days and directed that the seized property, that is the purchased paddy, be confiscated to the State.

(3.) THE sole question raised by the Petitioner is that he cannot be said to be a 'dealer' within the meaning of its definition in Clause 2(a) of the Order and that the prosecution has failed to prove that he has been carrying on business in paddy as a dealer on the alleged date of occurrence. It is appropriate now to refer to the relevant provisions of the Order.