RADHEY SHYAM KALWALIA Vs. STATE

JUDGEMENT

(1.) This application is directed against the order of the Sub -divisional Magistrate, Dumka dated the 23rd January, 1967 whereby cognizance has been taken in respect of an; offence under Section 7 of the Essential Commodities Act, 1955 alleged to have been committed by the Petitioner who is the owner of a rice mill known as Sri Shib Parbati Rice Mills in Jarmundi in the District of Santhal Parganas, The prosecution has been instituted against the petitioner on the basis of a report dated the 31st October, 1966, submitted by the Supply Inspector of the District Supply Office at Dumka wherein it has been alleged. Today the Additional Deputy Commissioner, S.P. Dumka,. himself paid a surprise visit to the Mill at about 2 P.M. I accompanied A. D.C.S.P., Dumka for his assistance. Huge quantity of paddy and rice bagged and unbagged was found in the mill premises, but no stock book was produced for inspection. In fact no license and no papers were produced for inspection although the Mill was working and the staff were present. It has been stated in the Supply Inspector's report that a failure on the part of a licensee to produce his licence, stock book and other papers before an inspecting officer is a contravention of the Foodgrains Dealers' Licensing Order and the terms and conditions of the licence.

(2.) It is necessary for the purpose of the present case to read some of the provisions of the Bihar Foodgrains Dealers' Licensing Order, 1967 and some of the conditions of the licence issued under the Order in Form B' to a wholesale dealer of foodgrains.

(3.) Section 7 of the Licensing Order enjoins that no holder of a licence issued under this order or his agent or servant or any other person acting on his behalf shall contravene any of the terms and conditions of the licence.