MIRCHOO MAL Vs. STATE COMMITTEE UNDER ESSENTIAL COMMODITIES SPECIAL PROVISIONS ACT 1981

JUDGEMENT

(1.) THIS revision is directed against the order of the State Committee appointed under Essential Commodities (Special Provision) Act, 1981 (hereinafter referred, to as the Special Provision Act), Jaipur dated 22. 4. 1988, confirming the order of the Collector, Ajmer dated 28. 9. 1985, confiscating 112 bags of wheat alleged to have been seized on 29. 1. 1983.

(2.) BRIEF facts giving rise to this revision petition are that Enforcement Inspector, Ajmer, inspected the premises of Firm Basti Ram Trading Company the owner of which is Mirchoo Mal, petitioner on 29. 1. 1988 in the presence of Mangalesh Saxena, Ram Kirpal Purohit and Girdhar Gopal Yadav, the motbirs. During the inspection it was found that "the firm was a licence dealer having licence No. W. 218/81 but the same was valid only upto 31. 3. 1982 and was not renewed thereafter. Thus the petitioner was found carrying on the business without valid licence. It was further found that the only shop No. 82. constructed by Municipal Council, was shown as the place of business and godown in the licence but during inspection it was found that he was also carrying on business under title of Firm Raj Kumar Mirchoomal in shop No. 50, where too some wheat was found. This stock found was duly entered into the stock register of Bastiram Trading Company. Thus he violated the condition 2 (9) (b) of the licence. It was further observed that according to entries in the stock registers from 1-4-82 to 19-10-82 and 20-10-82 to 27-1-83 it was found that the accused carried on business regularly during this period. 3 kilties, one from M/s Ratnesh Kumar Pukhraj, Nimbaheda, another from Bhanwar Lal Asbok Kumar and third from Bhawani Ram Rodumal were found regarding 20 bags, 27 bags and 36'bages respectively which had been received as per the octroi receipt of Ajmer Municipal Council on 28. 1. 83. Thus 83 bags which had been received on 28-1-83 were not entered in the stock register till the time of checking on 29-1-84. On physical verification the Enforcement Inspector found 170 bags of wheat containing net weight of 166 Q. 87 Kg. 500 Gms. in shop No. 82 and 99 bags of wheat were found in shop No. 50, the nett weight of which was 98 Q. 22 Kg. Thus the total wheat recovered was 269 bags having 262 Q. 9 Kg, 509 Gms. nett weight of wheat. According to the memo the accused could not keep more than 200 Q. of wheat. Mirchoo Mal disclosed at the time of inspection that he has been Submitting the monthly returns regularly which fact was found correct. He disclosed that the opening stock of the grain on 27-1-83 was as under: - Wheat - 156 Q. Barley - 20 Q. Jwar - 8 Q. Gram - 8 Q. Bajra - 4 Q. On physical verification barley was found to be missing. It is pertinent to mention here that the original documents about the receipt of 83 Q. of wheat, including the receipts issued by the Octroi Post, Municipal Council, Ajmer, dated 28-1-83 were produced on the spot even before physical verification to the Enforcement Inspector alongwith all the invoices and the bills which till date form the part of the record of Food & Supply Department, The recovered wheat was given on supardginama to one Tejumal. On 5-2-83 a show cause notice was given by the District Supply Officer, Ajmer showing four defects; First was that the licence was not renewed, second that there was one other Firm working in the name and style M/s Raj Kumar Mirchoomal as retailor in shop No. 50 where wheat entered in the stock register of Bastiram Trading Company was found lying, third, the wheat recovered from both the shops was 262 Q, 9 Kg and 500 Gms. which was beyond the prescribed limit which was 200 Kg. at that time, and lastly 20 Q. of barley was not found on the physical verification.

(3.) I have given my thoughtful consideration to the rival contentions and have perused the entire record.