MANOHAR SINGH Vs. STATE OF RAJAS THAN

JUDGEMENT

(1.) UPTO 1967 production, price and distribution of sugar were controlled by the Government of India in exercise of the powers conferred on it by the Essential Commodities Act, 1955 and orders made there-under. Every dealer in sugar was required by the Sugar Dealers Licence Order 1962 to obtain licence for trading in sugar. The licences were required for any person who stored more than 10 quintals of sugar at a time for purpose of sale. The licences were issued annually and they were renewable. In 1971 the Central Government provided for partial decontrol of sugar by which purchasers were required to sell a part of the total production at the price fixed by the Government under Sugar Control Order 1966. The rest of the production could be sold by the -producers in what is called "free market". The Central Government kept free market sugar separate from levy sugar. A dealer was prohibited from selling both levy and free market sugar in order to prevent any abuse. On June 15,1972 the Central Government promulgated Levy Sugar (supply Control) Order 1972. The Order provided for requesting of sugar from producers and for producers to supply the same to such persons or organisation or to such State Government as the Central Government might specify at a price not exceeding the price determined in the Sugar Price (Determination) Order, 1972.

(2.) THIS is a revision by Manoharsingh and Sobhalal against the judgment of Sessions Judge, Bhilwara dated December 6, 1980, where-by the two petitioners were found to have contravened certain conditions of the licence issued in favour of petitioner No. 1 under the provisions contained in the Rajasthan Sugar Dealers Licensing Order 1967 and consequently held guilty for the offence under section 3 read with section 7 of the Essential Commodities Act, 1955.

(3.) THE Rajasthan (Display of Price of Essential Commodities) Order, 1966 was promulgated on August 19, 1966 and in the Schedule annexed thereto, sugar was not included. It was by an amendment made on July 2, 1975 that sugar was included in the said order. In the instant case, the fair price shop of petitioner No. 1 was inspected by the Enforcement Inspector on January 20, 1975. Up to that date sugar was not included in the Schedule appended to the said order. THE Sessions Judge, Bhilwara, therefore, rightly acquitted the petitioners in relation to the alleged contravention of the provisions contained in the Rajasthan (Display of Price of Essential Commodities) Order, 1966.