A. D. KOSHAL, Y. V. CHANDRACHUD
Sat Pal Gupta – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
CHANDRACHUD, CJI.:— The appellants, in this appeal by special leave, are dealers in rice, paddy and rice bran. They also have an associate rice milling and husking plant which is run under the name and style of Jagdamba Rice Mills, Traori.
2. Section 3 of the Essential Commodities Act, 10 of 1955, empowers the Central Government, under the circumstances stated in that section, to issue notified orders providing for the regulation of production, supply and distribution of any essential commodity. Under S. 5, the Central Government can delegate its powers to a State Government or an officer or authority subordinate to it. In exercise of that power, the Central Government issued a notification on July 24, 1967 delegating to the State Governments the power conferred upon it by S. 3 of the Act. In exercise of such delegated power, respondent 1, the State of Haryana, promulgated the Haryana Rice Bran (Distribution and Price) Control Order, 1967. Clause 3 of the said Order provides that no dealer or owner of a rice mill shall sell or offer to sell or supply rice bran save against a permit granted by the Director, Food and Supplies, or the District Magistrate or any other officer a
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