ABDUL LATIF CHOWDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision petition arises from the order dated 27.12.1985 passed by the learned Special (Sessions) Judge. Cachar in Special Case No. 7 of 1985 convicting the petitioner under section 7 of the Essential Commodities Act and sentencing him to pay a fine of Rs. 200/-.

(2.) The case of the prosecution is that on 2.3.1985, the godown of the petitioner was searched by P W. 2 Ramen Sahu, Sub-Inspector of F. and C. supplies, in presence of the petitioner. 75 bags of Sali paddy containing approximately 56.75 Qtls, of paddy along with 2 half bags of Sali rice containing approximately 1.00 Qtls. were found stored the go down of the petitioner without any licence. The learned Special Judge has held that the accused stocked the paddy and rice beyond the permissible limit for the purpose of sale at his shop without any dealership licence. Therefore, the learned Judge has come to the conclusion that the petitioner has violated the provisions of clause 3 of the Assam Paddy and Rice Procurement (Levy and Licencing) Order, 1984, for short the OrderTT, and convicted and sentenced the petitioner as already stated above.

(3.) The relevant provision of clause 3 of the Order runs: No dealer and rice miller shall engage in any business which involve., purchase, sale or storage for sale of paddy and rice except under in accordance with the terms and conditions of a licence under this Order. (emphasis added)