STATE OF RAJASTHAN Vs. SON SINGH

JUDGEMENT

(1.) This is an appeal against the judgment of the learned Sessions Judge, Jodhpur dated October 11, 1975 where by the learned lower court has set aside the order of the Collector, Jodhpur dated September 3, 1974 by which the Collector, Jodhpur ordered for the confiscation of 14 bags of wheat belonging to respondent Son Singh.

(2.) The facts necessary to be noticed for the disposal of this appeal briefly stated are that, the Government of Rajasthan promulgated the Rajasthan Wheat (Regulation of Trade) Order, 1973 (here in after referred to as the 'Order') which was published in the Rajasthan Gazette (Extraordinary) dated March 31, 1973 where in it was provided that after 30th June of each year, no producer shall hold stocks of wheat in quantity exceeding 20 quintals at any time. This Order was later amended on May 28, 1973 and it was pro- vided that no producer will hold the stocks of wheat in quantity exceeding 20 quintals after 31st May of each year. It is alleged that on June 3, 1974 at about 11.30 a.m., one Lachhi Ram was found selling wheat in Manak Chowk, Jodhpur. On enquiry, in was reavaled to the Enforcement Inspector that these 34 bags of wheat belonged to Son Singh who was present there. As the possession of these 34 bags of wheat was against the Clause 15(2) of the Order, 14 bags of wheat were seized by the Enforcement Inspector Shri M.R. Choudhary vide seizure memo dated June 3, 1974.

(3.) A notice was issued to the respondent Son Singh to show cause why these 14 bags of wheat may not be confiscated under Section 6(1) of the Act on August 5, 1974. In reply to this notice, the respondent filed his reply on August 26, 1974 pleading inter alia that he and his two brothers are producers of wheat in village Badai and out of these 34 bags, 14 bags of wheat belonged to the respondent Son Singh and 10 bags each of wheat belonged to his brother Bane Singh and Poonam Singh. They both delivered these bags to him for the purpose of sale at Jodhpur and, therefore, he brought these 34 bags to Jodhpur and so, they should not have been seized.