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1996 Supreme(SC) 1162

A. M. AHMADI, SUJATA V. MANOHAR
Bijaya Kumar Agarwala: Jagdish Prasad Agarwal – Appellant
Versus
State Of Orissa – Respondent


JUDGMENT

A.M. Ahmadi, CJI - Leave granted.

2. Section 3(1) of the Essential Commodities Act, 1955 (hereinafter called the Act ) provides that if the Central Government is of the opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof the trade and commerce therein. Section 3(2)(d) further clarifies that the order may provide, inter alia, for regulating by licences, permits or otherwise, the storage, transport, distribution, disposal, acquisition use or consumption of, any essential commodity. We may reproduce the exact words of the relevant part of Section 3 which reads as under :

"3. Power to control production, supply, distribution, etc., of essential commodities.-

(1) xxx xxx xxx

(2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide -

(a) xxx xxx xxx

(b) xxx  xxx xxx

















































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