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1977 Supreme(SC) 312

P.K.GOSWAMI, D.A.DESAI, N.L.UNTWALIA
Thakur Das – Appellant
Versus
State Of M. P. – Respondent


Advocates:
B.RAMRAKHIANI, H.S.PARIHAR, I.M.SHROFF, S.K.Gambhir

JUDGMENT

DESAI, J. :—This appeal by special leave is directed against the order made by the High Court of Madhya Pradesh, Jabalpur in Criminal Revision No. 90 of 1973 setting aside the order made by the Sessions Judge, Mandsaur Division in Crl. A. No. 104 of 1972 against the order made by the Collector of Mandsaur confiscating the foodgrains in the quantity of 484 quintals 74 kg. of wheat and 135 quintals 36 kg. of rice under Section 6A of the Essential Commodities Act, 1955.

2. The petitioner Thakur Das son of Lila Ram Sindhi who died pending the petition, was a licenced dealer in foodgrains having obtained a licence under the Madhya Pradesh Foodgrains Dealers Licencing Order. 1965 (for short the order) issued under Section 3 of the Essential Commodities Act, 1955 (Act for short). The licence enabled him to store for sale and sell foodgrains set out in Schedule I to the Order. By the terms of the licence the licensee was obligated to maintain a register of daily accounts in the prescribed form for each of the foodgrains for which the licence was issued and there was further obligation to complete the accounts for each day on the day to which they relate unless prevented by reasonab


















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