LAWS(GAU)-2012-1-77

PREMIER ROLLER FLOUR MILL Vs. STATE OF ASSAM

Decided On January 05, 2012
PREMIER ROLLER FLOUR MILL Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) WHETHER a person, functioning as a dealer of edible oils, pulses, gur, wheat products (namely, maida, rava, suji, atta, resultant atta and bran) arid hydrogenated vegetable oil or vanaspati, shall require licence in terms of the provisions of Assam Trade Articles (Licensing and Control) Order, 1982, is the moot question, which has arisen for determination in this writ petition?

(2.) WE have heard Mr. O. P. Bhati, learn-ed counsel, for the petitioners, and Ms. S. Sarma, learned Govt. Advocate, for the respondents. None has appeared on behalf of the Union of India.

(3.) IN terms of Part-3 of the 2002 Order, it becomes clear that a dealer may, with the coming into force of the 2002 Order, freely buy, stock, sell, transport, distribute, dispose, acquire, use or consume any quantity of wheat, paddy/rice, coarse grains, sugar, edible oilseeds and edible oils and shall not require a permit or license therefor under any order issued under the EC Act.