JUDGMENT

R. B. MISRA, J. :— In exercise of powers conferred by S. 3 of the Essential Commodities Act, 1955, Sugar Control Order 1966 was issued by the Government of India, Ministry of Agriculture. Cl. 5 of that Order empowered the Central Government to issue directions, inter alia, to recognised dealers regarding production, maintenance of stock, storage, sale, grading, packing making weighment, disposal, delivery and distribution of sugar.

2. By Order No. GSR-410-E/Ess. Com-/ Sugar dated the 14th of July, 1980 the Central Government issued the following directions :

"In exercise of the powers conferred by Cl. 5 of the Sugar (Control) Order, 1966, and in supersession of the order of the Government of India in the Ministry of Agriculture (Department of Food) No. GSR-60/(E)/Ess. Com./Sugar, dated the 26th February, 1980, the Central Government hereby directs that no recognised dealer shall keep in stock at any time, -

(1) vacuum pan sugar, in the places mentioned below, in excess of the quantities mentioned against each,-

(i) in Calcutta and extended area-

(a) recognised dealers who import sugar from outside West Bengal - 3,500 quintals;

(b) other recognised dealers - 250 quintals;

(ii) in