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1977 Supreme(Kar) 37

HONNAIH, SRINIVASA IYENGAR
VASUNDARA TRADERS – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
A.M.Farooq, C.N.KAMATH

HONNIAH, J.

( 1 ) THE petitioners were merchants and commission agents at Bangalore. They had obtained licences from competent authority to deal in rice under the Karnataka Foodgrains Wholesale Dealers Licensing Order 1964. They purchased 100 bags of rice and were transporting the same in lorries from sira, to Bangalore on 25-3-1975. The Food Inspector seized the rice near tumkur and reported the matter to the Deputy Commissioner. The deputy Commr issued show-cause notices under Sec. 6b of the Essential commodities Act 1955 to the drivers who were transporting the rice and the owner of the lorries. The drivers and the owner, in response to the show-cause notices, stated that the lorries were hired by the petitioners and they were transporting the rice for and on behalf of the petitioners. The Petrs appeared before the Deputy Commr and claimed that the rice belonged to them, and that they were transporting the same to their shops at Bangalore. The Deputy Commr, after going through the relevant material placed before him, passed an order confiscating the rice as well as the lorries.

( 2 ) AGGRIEVED by that decision, the petitioners filed four appeals before the sessions Judge at Tumk








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