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1978 Supreme(AP) 208

T.NARSINGA RAO, C.KONDAIAH
P. Ramachandra Chetty – Appellant
Versus
Secretary, Ministry of Food, Government of India, New Delhi – Respondent


NARASINGA RAO, J.

( 1 ) IN this petition under Art. 228 of the Constitution of India, the petitioner seeks the proceedings of seizure of the foodgrains to be quashed by the issue of an appropriate writ or direction.

( 2 ) THE petitioner is a licensed foodgrains dealer at Chittor. On 9th and 10th Feb 1973, the D. S. P. Vigilance Cell, Inspectors and other Revenue Officials entered the residence-cum-business premises of the petitioner, searched the premises and seized nearly 2000 bags of foodgrains. According to the officials that raided the shop, there was suppression of stock as compared with the details of the price list board exhibited in the shop. As per the board, the stock on hand was 287 bags of rice on 8-2-73. After the sale of 193 bags on 8-2-73, the opening balance on 9-2-73 we, 94 bags only but there was excess of 1820 bags. The officials thus allege that the petitioner contravened C1. 7-A of the A. P. Foodgrains Dealers Licensing Order, 1964. They, therefore, seized the excess stock.

( 3 ) THE Petitioner among other grounds, also raised the contention that c1. 3 (i) of the Essential Commodities Act under which the Foodgrains Order of 1964 is issued, infringes the fundame











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