KRANTICHAND Vs. STATE

JUDGEMENT

(1.) PETITIONER Krantichand holds a whole-sale licence to deal in food grains issued under the Food Grains Licencing Order, 1964 promulgated under Section 3 of the Essential Commodities Act, 1955 (hereinafter called the Act ).

(2.) IT is said that he committed an offence under Section 7 of the Act by contravening a condition incorporated in paragraph 9 (3) of the Licence issued to the petitioner on 21st September, 1964. For this contravention the petitioner was challaned in the Court of the Additional District Magistrate. Ajmer on 28th January, 1965.

(3.) ON behalf of the petitioner two preliminary objections were taken before the additional District Magistrate, Ajmer, viz. , 1. that he could not he tried summarily under Section 12-A of the Act as this provision could not apply to any offence alleged to have been committed prior to 5th November. 1964. 2. that the condition of licence contained in paragraph 9 contravention of which was the ground of charge having been deleted by the Amendment order dated 26th September, 1964, the petitioner could not be tried of the alleged contravention dated 21st September as the contravention had ceased to he an offence, if any on and from 26th September, 1964.